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IP INTL. PRODS., INC. v. 275 CANAL STREET ASSOC.

1101N, 652369/15.

139 A.D.3d 464 (2016)

29 N.Y.S.3d 795

2016 NY Slip Op 03668

IP INTERNATIONAL PRODUCTS, INC., Appellant, v. 275 CANAL STREET ASSOCIATES, Respondent.

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

Decided May 10, 2016.

The court providently exercised its discretion in denying plaintiff's application for a Yellowstone injunction, because plaintiff failed to demonstrate a willingness to cure (see Cemco Rests. v Ten Park Ave. Tenants Corp., 135 A.D.2d 461, 463 [1st Dept 1987]; Linmont Realty v Vitocarl, Inc., 147 A.D.2d 618, 620 [2d Dept 1989]). Plaintiff's assertions to the contrary are belied by...

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