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PURDUE PHARMA, LP v. ARDSLEY PARTNERS, LP

5 A.D.3d 654 (2004)

774 N.Y.S.2d 540

PURDUE PHARMA, LP, Appellant, v. ARDSLEY PARTNERS, LP, Respondent.

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

March 22, 2004.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion for a Yellowstone injunction is granted, the cross motion to dismiss the complaint is denied, and the complaint is reinstated.

The defendant landlord served a notice to cure on the plaintiff tenant alleging that it failed to pay certain utility charges pursuant to the parties' lease. The plaintiff commenced this action,...

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