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GIHON, LLC v. 501 SECOND STREET, LLC

306 A.D.2d 376 (2003)

761 N.Y.S.2d 276

GIHON, LLC, Respondent, v. 501 SECOND STREET, LLC, Appellant.

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

Decided June 16, 2003.

Ordered that the order is affirmed insofar as appealed from, with costs.

A tenant seeking Yellowstone relief must demonstrate that (1) it holds a commercial lease, (2) it has received a notice of default, notice to cure, or threat of termination of the lease, (3) its application for a temporary restraining order was made prior to expiration of the cure period and termination of the lease, and (4) it has the desire and ability to cure the alleged default by...

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