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BLISS WORLD LLC v. 10 W. 57TH ST. REALTY LLC

7971N, 657007/17.

170 A.D.3d 401 (2019)

95 N.Y.S.3d 183

2019 NY Slip Op 01509

Bliss World LLC, Respondent, v. 10 West 57th Street Realty LLC, Appellant.

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

Decided March 5, 2019.

The purpose of a Yellowstone injunction, which tolls the period in which a tenant may cure a claimed violation of the lease, is for a tenant to avoid forfeiture after a determination against it has been made on the merits, because the tenant will still have an opportunity to cure (Korova Milk Bar of White Plains, Inc. v PRE Props., LLC, 70 A.D.3d 646 [2d Dept 2010]).

A necessary lynchpin of a Yellowstone injunction...

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