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ANOTHER SLICE, INC. v. 3620 BROADWAY INVESTORS LLC

6410, 105780/10.

90 A.D.3d 559 (2011)

934 N.Y.S.2d 705

2011 NY Slip Op 9200

ANOTHER SLICE, INC., Appellant, v. 3620 BROADWAY INVESTORS LLC, Respondent.

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

Decided December 20, 2011.

We agree with both parties that the court properly granted a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630 [1968]), and that dismissal was improper. Gold-Land, Inc. v Haskell (248 A.D.2d 132 [1998]), on which the court relied, presents the opposite factual scenario and gives no support for dismissal. In Gold-Land, dismissal was appropriate...

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