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JDM WASH. ST. LLC v. 90 WASH. ST., LLC

156220/21. 161333/19. Appeal No. 14936-14937. Case Nos. 2021-03102, 2020-04678.

200 A.D.3d 612 (2021)

160 N.Y.S.3d 27

2021 NY Slip Op 07514

JDM Washington Street LLC, Appellant-Respondent, v. 90 Washington Street, LLC, et al., Respondents-Appellants, and Fannie Mae, Respondent. JDM Washington Street LLC, Appellant-Respondent, v. 90 Washington Street, LLC, et al., Respondents-Appellants.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York ( Norman Flitt of counsel), for appellant-respondent.

Akerman LLP, New York ( Joshua D. Bernstein of counsel), for respondents-appellants.

Arent Fox LLP, New York ( Jackson D. Toof of counsel), for respondent.

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

Order, same court and Justice, entered on or about August 20, 2021, which, inter alia, granted plaintiff a Yellowstone injunction through February 4, 2022, but denied the application with respect to any conditions relating to the subject building's façade, denied plaintiff's application to preliminarily enjoin Fannie Mae from foreclosing on the subject leasehold mortgage, and denied Landlord's cross motion to dismiss...

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