READE v. HIGHPOINT ASSOCIATES IX, LLC


36 A.D.3d 496 (2007)

829 N.Y.S.2d 454

DUANE READE, Appellant, v. HIGHPOINT ASSOCIATES IX, LLC, Respondent, et al., Defendants.

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

Decided January 18, 2007.


In light of plaintiff's timely cure of its default while the Yellowstone injunction was in effect (see Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc., 93 N.Y.2d 508 [1999]), the owner, as a matter of law, had no remaining viable claim to terminate the lease under the notice, and plaintiff was entitled to the sought declaration that it is not in breach of its lease with defendant landlord as set forth...

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