LAW.coLAW.co

Confidence Beauty Salon Corp., Appellant, v. 299 Third SA, LLC, et al., Respondents

New York Supreme Court, Appellate Division2017-03-07
148 A.D.3d 43947 N.Y.S.3d 905

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority 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 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.