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SITHE ENERGIES, INC. v. 335 MADISON AVENUE, LLC

45 A.D.3d 469 (2007)

846 N.Y.S.2d 155

SITHE ENERGIES, INC., et al., Respondents-Appellants, v. 335 MADISON AVENUE, LLC, et al., Appellants-Respondents.

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

Decided November 27, 2007.

The preliminary injunction is improper because, first, it deprives the landlord of the right, reserved to it by the master lease, to take 20 days to decide whether to approve the proposed sublease following receipt of all the information and documents to which it is entitled under the master lease. Indeed, the motion court's order recognizes that not all such information was provided and that there were deficiencies in the proposed...

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