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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 7, 2017

Docket3328 157777/15

StatusPublished

This text of 2017 NY Slip Op 1652 (Confidence Beauty Salon Corp. v. 299 Third SA, 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

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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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.

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Bluebook (online)

2017 NY Slip Op 1652, 148 A.D.3d 439, 47 N.Y.S.3d 905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/confidence-beauty-salon-corp-v-299-third-sa-llc-nyappdiv-2017.

Opinion

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