Confidence Beauty Salon Corp. v. 299 Third SA, LLC

Appellate Division of the Supreme Court of New York

Confidence Beauty Salon Corp. v. 299 Third SA, LLC

2017 NY Slip Op 1652, 148 A.D.3d 439, 47 N.Y.S.3d 905

Appellate Division of the Supreme Court of the State of New York·Decided March 7, 2017·No. 3328 157777/15·Published

Opinion

Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about December 3, 2015, which denied plaintiff’s application for a Yellowstone injunction, unanimously affirmed, without costs.

The denial of Yellowstone relief was a provident exercise of *440 discretion because plaintiff failed to aver, let alone demonstrate, that it had the ability to cure its alleged defaults (see Artcorp Inc. v Citirich Realty Corp., 124 AD3d 545 [1st Dept 2015]).

Concur—Acosta, J.P., Richter, Manzanet-Daniels, Gische and Webber, JJ.

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Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about December 3, 2015, which denied plaintiff’s application for a Yellowstone injunction, unanimously affirmed, without costs.

The denial of Yellowstone relief was a provident exercise of *440 discretion because plaintiff failed to aver, let alone demonstrate, that it had the ability to cure its alleged defaults (see Artcorp Inc. v Citirich Realty Corp., 124 AD3d 545 [1st Dept 2015]).

Concur—Acosta, J.P., Richter, Manzanet-Daniels, Gische and Webber, JJ.

Confidence Beauty Salon Corp. v. 299 Third SA, LLC, 2017 NY Slip Op 1652, 148 A.D.3d 439, 47 N.Y.S.3d 905 (N.Y. Ct. App. 2017).

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2017 NY Slip Op 1652 (Confidence Beauty Salon Corp. v. 299 Third SA, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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