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276-43 GOURMET GROCERY, INC. v. 250 WEST 43 OWNER LLC

1821N, 157468/15.

143 A.D.3d 432 (2016)

2016 NY Slip Op 06460

38 N.Y.S.3d 187

276-43 GOURMET GROCERY, INC., Doing Business as LUCKY STAR CAFÉ, Respondent, v. 250 WEST 43 OWNER LLC et al., Appellants.

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

Decided October 4, 2016.

The four requirements for a Yellowstone injunction are set forth in Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc. (93 N.Y.2d 508, 514 [1999]). Contrary to defendants' claim, there is no fifth requirement that the tenant's complaint contain a claim for a declaration of rights with respect to the lease violations mentioned in the landlord's notice to cure. We note that, in the case at bar, defendants...

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