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GOLDCREST v. 61 BRONX RIV.

2010-06171.

83 A.D.3d 129 (2011)

920 N.Y.S.2d 206

GOLDCREST REALTY COMPANY, Respondent, v. 61 BRONX RIVER ROAD OWNERS, INC., Appellant.

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

Decided March 29, 2011.

Attorney(s) appearing for the Case

Smith, Buss & Jacobs, LLP, Yonkers ( John J. Malley of counsel), for appellant.

Elefante & Persanis, LLP, Eastchester ( Ralph Elefante and Tiffany Bauman of counsel), for respondent.

SKELOS, J.P., DICKERSON and ENG, JJ., concur.

OPINION OF THE COURT

LOTT, J.

In Korova Milk Bar of White Plains, Inc. v PRE Props., LLC (70 A.D.3d 646 [2010]), this Court recently clarified that an application for a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630 [1968]) not only must be made before the termination of the subject lease, but also must be made prior to...

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