Another Slice, Inc. v. 3620 Broadway Investors LLC

90 A.D.3d 559, 934 N.Y.2d 705

Opinion

We agree with both parties that the court properly granted a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630 [1968]), and that dismissal was improper. Gold-Land, Inc. v Haskell (248 AD2d 132 [1998]), on which the court relied, presents the opposite factual scenario and gives no support for dismissal. In Gold-Land, dismissal was appropriate because Supreme Court denied Yellowstone relief. Concur — Saxe, J.P, Catterson, Moskowitz, Acosta and Renwick, JJ.

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Another Slice, Inc. v. 3620 Broadway Investors LLC, 90 A.D.3d 559, 934 N.Y.2d 705 (N.Y. Ct. App. 2011).

90 A.D.3d 559 (Another Slice, Inc. v. 3620 Broadway Investors LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

First National Stores, Inc. v. Yellowstone Shopping Center, Inc.
237 N.E.2d 868 (New York Court of Appeals, 1968)
Gold-Land, Inc. v. Haskell
248 A.D.2d 132 (Appellate Division of the Supreme Court of New York, 1998)