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319 SMILE CORP. v. FORMAN FIFTH, LLC

37 A.D.3d 245 (2007)

831 N.Y.S.2d 118

319 SMILE CORP., Appellant, v. FORMAN FIFTH, LLC, Respondent.

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

Decided February 13, 2007.

The court properly found that plaintiff did not timely seek injunctive relief, since the order to show cause that brought about a temporary restraining order and tolled the cure period pending the hearing on the Yellowstone application was not obtained until after the cure period had ended and the notice of termination served (see Weaver v Essex Owners Corp., 235 A.D.2d 369 [1997], lv denied 89 N.Y...

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