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GAP, INC. v. 170 BROADWAY RETAIL OWNER, LLC

Index No. 652732/20. Appeal No. 14144. Case No. 2020-04770.

195 A.D.3d 575 (2021)

2021 NY Slip Op 04115

The Gap, Inc., Respondent, v. 170 Broadway Retail Owner, LLC, Appellant.

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

Decided June 29, 2021.

Attorney(s) appearing for the Case

Cozen O'Connor, New York ( Menachem J. Kastner of counsel), for appellant.

Davis+Gilbert LLP, New York ( Joshua H. Epstein of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Mazzarelli, Shulman, JJ.

Plaintiff's motion for a Yellowstone injunction should have been denied. Although plaintiff met the requirements for a Yellowstone injunction under the Court of Appeals standard set forth in Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc. (93 N.Y.2d 508 [1999]) by showing that "(1) it holds a commercial lease; (2) it received from the landlord either a notice of default, a notice to cure, or...

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