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TUCKAHOE REALTY, LLC v. 241 E. 76 TENANTS CORP.

Index No. 656414/19. Appeal No. 14926. Case No. 2020-04592.

200 A.D.3d 629 (2021)

155 N.Y.S.3d 767

2021 NY Slip Op 07532

Tuckahoe Realty, LLC, Respondent, v. 241 East 76 Tenants Corp., Appellant.

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

Decided December 28, 2021.

Attorney(s) appearing for the Case

Braverman Greenspun, P.C., New York ( Drew Pakett of counsel), for appellant.

Morrison Cohen LLP, New York ( Alvin C. Lin of counsel), for respondent.

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

The motion court providently exercised its discretion in concluding that plaintiff's application for a Yellowstone injunction was timely. We agree with the court that timeliness was established by the fact that the application was made on the last day of the cure period, notwithstanding defendant's argument that plaintiff failed to obtain relief prior to the expiration of the cure period because the court did not sign the...

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