BLT STEAK, LLC v. 57TH STREET DORCHESTER, INC.

7015, 112271/09.

93 A.D.3d 554 (2012)

940 N.Y.S.2d 603

2012 NY Slip Op 2159

BLT STEAK, LLC, Respondent-Appellant, v. THE 57TH STREET DORCHESTER, INC., Appellant-Respondent.

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

Decided March 22, 2012.


Defendant's withdrawal of the notice to cure rendered moot that branch of plaintiff's motion for declaratory relief as to the validity of the notice to cure, as there was no longer any controversy with respect to the notice (see CPLR 3001). Plaintiff's request for injunctive relief was also rendered moot by the withdrawal of the notice, because there was no longer any threat that plaintiff's leasehold would be terminated as a result of its alleged breach of the lease...

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