AUDTHAN LLC v. NICK & DUKE, LLC

11277N, 652050/15.

181 A.D.3d 503 (2020)

121 N.Y.S.3d 245

2020 NY Slip Op 01723

Audthan LLC, Respondent, v. Nick & Duke, LLC, Appellant.

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

Decided March 12, 2020.


The motion court properly awarded plaintiff a Yellowstone injunction, based on its showing that "(1) it holds a commercial lease; (2) it received from the landlord either a notice of default, a notice to cure, or a threat of termination of the lease; (3) it requested injunctive relief prior to the termination of the lease; and (4) it is prepared and maintains the ability to cure the alleged default by any means short of vacating the premises" (Graubard Mollen Horowitz...

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