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ARTCORP INC. v. CITIRICH REALTY CORP.

14067N, 653878/13.

124 A.D.3d 545 (2015)

ARTCORP INC., Appellant, v. CITIRICH REALTY CORP., Respondent.

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

Decided January 26, 2015.

To obtain Yellowstone relief a tenant need not show a likelihood of success on the merits (WPA/Partners v Port Imperial Ferry Corp., 307 A.D.2d 234, 237 [1st Dept 2003]). It can simply deny the alleged breach of its lease (see Boi To Go, Inc. v Second 800 No. 2 LLC, 58 A.D.3d 482 [1st Dept 2009]). Contrary to defendant landlord's contention, plaintiff tenant clearly asserted its willingness...

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