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GOOD FORTUNE REST., INC. v. KISSENA GROUP, LLC

2019-05166. Index No. 715406/18.

185 A.D.3d 1013 (2020)

126 N.Y.S.3d 371

2020 NY Slip Op 04294

Good Fortune Restaurant, Inc., Appellant, v. Kissena Group, LLC, Respondent.

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

Decided July 29, 2020.

Ordered that the order is affirmed, with costs.

The plaintiff, a commercial tenant, commenced this action for declaratory and injunctive relief against the defendant and simultaneously moved for a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630 [1968]). The Supreme Court denied the plaintiff's motion. The plaintiff appeals.

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