146 BROADWAY ASSOCIATES LLC v. BRIDGEVIEW AT BROADWAY, LLC

2016-01456. Index No. 501732/14.

164 A.D.3d 1193 (2018)

84 N.Y.S.3d 241

2018 NY Slip Op 05990

146 Broadway Associates, LLC, Respondent, v. Bridgeview at Broadway, LLC, Appellant.

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

Decided September 12, 2018.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiff's motion for a Yellowstone injunction is denied.

In December 2011, the defendant landlord and plaintiff tenant entered into a lease for the commercial portion of a mixed-use property, which also houses a number of residential apartments. In October 2013, the plaintiff began operating a nightclub on the premises. On February 22, 2014, the defendant...

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