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XIOTIS RESTAURANT CORP. v. LSS LEASING LIMITED LIABILITY COMPANY

50 A.D.3d 678 (2008)

855 N.Y.S.2d 578

XIOTIS RESTAURANT CORP., Respondent, v. LSS LEASING LIMITED LIABILITY COMPANY, Appellant.

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

Decided April 1, 2008.

Ordered that the order is affirmed, with costs.

The purpose of a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630 [1968]) is to allow a commercial tenant confronted by a threat of termination of a lease to obtain a stay tolling the running of the cure period so that, after a determination of the merits of any action arising...

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