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S & Y GRACE CORP. v. BOSTON POST FOOD CORP.

24688/19E. Appeal No. 12743N-12744N-12745N. Case No. 2020-01556. 2020-01557. 2020-01558. 2020-01559.

189 A.D.3d 720 (2020)

140 N.Y.S.3d 5

2020 NY Slip Op 08016

S & Y Grace Corp., Respondent, v. Boston Post Food Corp., Appellant, and B.P.R. 4000 LLC, Respondent.

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

Decided December 29, 2020.

Attorney(s) appearing for the Case

Coran Ober P.C., Flushing ( Steven T. Beard of counsel), for appellant.

Greenberg Traurig, LLP, New York ( Cory Mitchell Gray of counsel), for S&Y Grace Corp., respondent.

Goldberg Weg & Markus PLLC, New York ( Helen J. Setton of counsel), for B.P.R. 4000 LLC, respondent.

Concur—Webber, J.P., Mazzarelli, Gesmer, Moulton, González, JJ.

Plaintiff demonstrated entitlement to Yellowstone injunctive relief. Although notice of default was given by tenant Boston, rather than by landlord BPR, Boston itself asserted that it had authority under its lease to send the notice of default to plaintiff on behalf of BPR. The Yellowstone injunction served to preserve the status quo while the parties litigated whether Boston was in fact authorized to send the notice of default (Bliss World LLC v 10 W. 57th...

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