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ERS ENTERPRISES, INC. v. EMPIRE HOLDINGS, LLC

304 A.D.2d 433 (2003)

759 N.Y.S.2d 16

ERS ENTERPRISES, INC., Appellant, v. EMPIRE HOLDINGS, LLC, Respondent.

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

Decided April 17, 2003.

While plaintiff, having obtained a Yellowstone injunction, is entitled to attempt to cure the default alleged against it, which in this case would entail restoration of the leased restaurant premises to their condition prior to plaintiff's commencement of alterations purportedly unauthorized under the subject lease, it does not follow that defendant may be compelled to sign the applications seeking permission for the particular...

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