RAY & W CUT INC. v. 240 WEST 37 LLC


58 A.D.3d 415 (2009)

870 N.Y.S.2d 309

RAY & W CUT INC., Respondent, v. 240 WEST 37 LLC, Appellant.

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

January 6, 2009.


Plaintiff established its entitlement to a Yellowstone injunction upon its demonstration that it held a commercial lease, had received a notice to cure from defendant landlord, had requested injunctive relief prior to the expiration of the cure period and termination of the lease, and demonstrated that it was prepared and maintained the ability to cure the alleged default (see Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc.,

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