Another Slice, Inc. v. 3620 Broadway Investors LLC

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

This text of 90 A.D.3d 559 (Another Slice, Inc. v. 3620 Broadway Investors LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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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)

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Bluebook (online)
90 A.D.3d 559, 934 N.Y.2d 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/another-slice-inc-v-3620-broadway-investors-llc-nyappdiv-2011.