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PRINKIPAS LLC v. CHARLTON TENANTS CORP.

Index No. 653598/19. Appeal No. 13664N. Case No. 2020-03412.

193 A.D.3d 601 (2021)

142 N.Y.S.3d 805

2021 NY Slip Op 02475

Prinkipas LLC, Respondent, v. Charlton Tenants Corp. et al., Appellants, et al., Defendants.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

Boyd Richards Parker & Colonnelli, P.L., New York ( Jacqueline L. Aiello of counsel), for appellants.

Law Offices of Robert M. Kaplan, White Plains ( Robert M. Kaplan of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Singh, Moulton, JJ.

The motion court providently exercised its discretion in granting plaintiff a Yellowstone injunction (see Tag 380 v Sprint Spectrum, 290 A.D.2d 404 [1st Dept 2002]; see generally Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc., 93 N.Y.2d 508, 514 [1999]). Plaintiff demonstrated that it was prepared and maintained the ability to "cure the alleged default[s]...

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