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EXCEL GRAPHICS TECHNOLOGIES, INC. v. CFG/AGSCB CFG/AGSCB 75 NINTH AVENUE

1 A.D.3d 65 (2003)

767 N.Y.S.2d 99

EXCEL GRAPHICS TECHNOLOGIES, INC., Respondent, v. CFG/AGSCB 75 NINTH AVENUE, L.L.C., Appellant.

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

November 18, 2003.

Attorney(s) appearing for the Case

Penn Proefriedt Schwarzfeld & Schwartz (Sharyn A. Tritto and Steve Mongiaracina of counsel), for respondent.

Fischbein Badillo Wagner Harding (Menachem J. Kastner, Todd V. Lamb and Jolie Ann DeSaro-Calella of counsel), for appellant.

TOM, J.P., ROSENBERGER and GONZALEZ, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

In this action by a commercial tenant seeking a declaration of waiver as to a lease requirement of prior written consent to subletting, the landlord appeals from the grant of the tenant's application for a Yellowstone injunction tolling the time to cure the alleged lease violation of subletting without consent and the denial of its cross motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7).

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