BALLINTEER CORP. v. SNRP W. 37 LLC

Ind. No. 657147/21. Appeal No. 563. Case No. 2023-00564.

217 A.D.3d 597 (2023)

191 N.Y.S.3d 632

2023 NY Slip Op 03433

Ballinteer Corp, Respondent, v. SNRP West 37 LLC, Appellant.

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

Decided June 27, 2023.


Attorney(s) appearing for the Case

Mark L. Lubelsky and Associates, New York ( Thomas J. Sottile of counsel), for appellant.

James C. Berger , New York, for respondent.

Concur—Webber, J.P., Singh, Kennedy, Scarpulla, Pitt-Burke, JJ.


Order, Supreme Court, New York County (Verna L. Saunders, J), entered October 31, 2022, which unconditionally granted plaintiff's motion for a Yellowstone injunction, unanimously affirmed, without costs.

The court providently exercised its discretion in determining that an undertaking was not necessary to protect defendant landlord's interests in light of plaintiff's showing that it invested a substantial amount in the premises and has a colorable defense regarding...

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