PIER 59 STUDIOS v. PIERS


19 A.D.3d 148 (2005)

796 N.Y.S.2d 92

PIER 59 STUDIOS, L.P., Appellant, v. CHELSEA PIERS, L.P., Respondent.

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

June 7, 2005.


Plaintiff obtained a Yellowstone injunction after receiving a letter from defendant claiming, insofar as pertinent, that plaintiff's expansion of the subject structure was an "illegal construction" not in compliance with the Building Code, and demanding its removal within 10 days. Shortly thereafter, the Department of Buildings (DOB) issued a peremptory vacate order that, insofar as pertinent, stated that the structure was

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