Home/Appellate Division of the Supreme Court of New York/PJ Hanley's Corp. v. Kiwi Pub Corp.

PJ Hanley's Corp. v. Kiwi Pub Corp.

116 A.D.3d 607, 983 N.Y.S.2d 797
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 22, 2014
StatusPublished

This text of 116 A.D.3d 607 (PJ Hanley's Corp. v. Kiwi Pub Corp.) 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
PJ Hanley's Corp. v. Kiwi Pub Corp., 116 A.D.3d 607, 983 N.Y.S.2d 797 (N.Y. Ct. App. 2014).

Opinion

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 15, 2013, which denied plaintiffs motion for a Yellowstone injunction, unanimously affirmed, without costs.

Plaintiffs failure to seek a stay of the order denying its motion for nearly six months after the order was issued, during which time the cure period expired, plaintiff’s sublease was terminated, and a holdover proceeding was commenced, bars appellate relief (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630, 637 [1968]; 166 Enters. Corp. v I G Second Generation Partners, L.P., 81 AD3d 154, 159 [1st Dept 2011]). It is therefore unnecessary to consider plaintiffs other arguments. Concur — Tom, J.E, Renwick, Richter, Feinman and Gische, 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)
166 Enterprises Corp. v. I G Second Generation Partners, L.P.
81 A.D.3d 154 (Appellate Division of the Supreme Court of New York, 2011)

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Bluebook (online)
116 A.D.3d 607, 983 N.Y.S.2d 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pj-hanleys-corp-v-kiwi-pub-corp-nyappdiv-2014.