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JT QUEENS CARWASH, INC. v. 88-16 NORTHERN BLVD., LLC

2012-02034.

101 A.D.3d 1089 (2012)

956 N.Y.S.2d 536

2012 NY Slip Op 9034

JT QUEENS CARWASH, INC., Appellant, v. 88-16 NORTHERN BLVD., LLC, Respondent.

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

December 26, 2012.

Ordered that the order is affirmed, with costs.

The Supreme Court properly determined that the plaintiff failed to establish its entitlement to Yellowstone relief (see First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630 [1968]). "A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted by a threat of termination of its lease, may protect its investment in the leasehold...

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