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3636 GREYSTONE OWNERS, INC. v. GREYSTONE BUILDING

4 A.D.3d 122 (2004)

771 N.Y.S.2d 341

3636 GREYSTONE OWNERS, INC., Respondent, v. GREYSTONE BUILDING, Appellant.

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

February 5, 2004.

Plaintiff established that it held a commercial lease, received a notice of default, timely requested injunctive relief, and was prepared and able to cure (Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc., 93 N.Y.2d 508 [1999]). Yellowstone relief is proper even where nonpayment of rent is the only issue (see Lexington Ave. & 42nd St. Corp. v 380 Lexchamp Operating, 205 A...

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