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MIDDLETOWN FLEA MARKET, LLC v. MIDDLETOWN PLAZA HOLDINGS, LLC

2021-04414, 2021-07888. Index No. 982/20.

216 A.D.3d 1084 (2023)

190 N.Y.S.3d 111

2023 NY Slip Op 02778

Middletown Flea Market, LLC, Appellant, v. Middletown Plaza Holdings, LLC, Respondent. (And Another Matter.).

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

Decided May 24, 2023.

Attorney(s) appearing for the Case

Annette G. Hasapidis, South Salem, NY, for appellant.

Wenig Saltiel, LLP, Brooklyn, NY (Meryl L. Wenig and Dan M. Blumenthal of counsel), for respondent.

Duffy, J.P., Rivera, Christopher and Voutsinas, JJ., concur.

In an action for declaratory relief, the plaintiff appeals from (1) an order of the Supreme Court, Orange County (Sandra B. Sciortino, J.), dated May 14, 2021, and (2) an order of the same court dated September 13, 2021. The order dated May 14, 2021, denied the plaintiff's motion for a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630 [1968...

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