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ARTCORP. INC. v. CITIRICH REALTY CORP.

8123. 653878/13.

168 A.D.3d 515 (2019)

92 N.Y.S.3d 225

2019 NY Slip Op 00353

Artcorp. Inc., Appellant, v. Citirich Realty Corp., Respondent.

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

Decided January 17, 2019.

Contrary to plaintiff's contention, the issue of whether plaintiff's assignment of its ownership interests in the subject lease was never decided on the prior appeal (124 A.D.3d 545, 546 [1st Dept 2015]). In that case, which reversed the motion court's denial of Yellowstone relief to plaintiff, this Court explicitly stated that "[t]o obtain Yellowstone relief a tenant need not show a likelihood of success on the merits" (...

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