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EAST 54th OPERATING LLC v. BREVARD OWNERS, INC.

Index No. 154045/23, Appeal No. 1343, Case No. 2023-03242.

2024 NY Slip Op 00023

EAST 54th OPERATING LLC, Plaintiff-Appellant, v. BREVARD OWNERS, INC., Defendant-Respondent.

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

Decided January 4, 2024.

Attorney(s) appearing for the Case

Rivkin Radler LLP, New York ( Jeremy B. Honig of counsel), for appellant.

Mattiace Tetro LLC, New York ( John P.J. Mattiace of counsel), for respondent.

Before: Singh, J.P., Scarpulla, Pitt-Burke, Higgitt, O'Neill Levy, JJ.

Order, Supreme Court, New York County (Arlene P. Bluth, J), entered June 29, 2023, which, insofar as appealed from, granted defendant landlord's motion for a preliminary injunction; and granted defendant landlord's motion for leave to reargue plaintiff tenant's motion for a Yellowstone injunction and, upon reargument, granted the motion, conditioned upon plaintiff tenant posting a $1.5 million bond, unanimously modified, on the law, the motion for a preliminary injunction...

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