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JH PARKING CORP. v. EAST 112TH REALTY CORP.

298 A.D.2d 258 (2002)

748 N.Y.S.2d 478

JH PARKING CORP., Appellant, v. EAST 112TH REALTY CORP., Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided October 22, 2002.

The record discloses that plaintiff did not timely seek injunctive relief since the order to show cause that effected a temporary restraining order and tolled the cure period, pending the hearing on the Yellowstone application, was signed by the motion court after the cure period had ended and after service of the notice of termination (see Daashur Assoc. v December Artists Apt. Corp., 226 A.D.2d 114, 114-115). The motion...

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