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KYUNG SIK KIM v. IDYLWOOD, N.Y., LLC

1190N, 104392/09.

66 A.D.3d 528 (2009)

886 N.Y.S.2d 337

2009 NY Slip Op 7459

KYUNG SIK KIM et al., Appellants, v. IDYLWOOD, N.Y. LLC, Respondent.

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

Decided October 20, 2009.

The motion court found, after a hearing, that plaintiffs had not previously and continuously maintained insurance coverage as required by their commercial lease. This violation was a material breach of the lease (see C & N Camera & Elecs. v Farmore Realty, 178 A.D.2d 310, 311 [1991]) and, in these circumstances, an incurable violation that is an independent basis for the denial of Yellowstone relief (see Grenadeir...

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