Appellate Division of the Supreme Court of New York, 2017

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

Confidence Beauty Salon Corp. v. 299 Third SA, LLC
Appellate Division of the Supreme Court of New York · Decided March 7, 2017 · Acosta, Richter, Manzanet-Daniels, Gische, Webber
2017 NY Slip Op 1652; 148 A.D.3d 439; 47 N.Y.S.3d 905
Confidence Beauty Salon Corp. v. 299 Third SA, LLC

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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