PJ Hanley's Corp. v. Kiwi Pub Corp. — 116 A.D.3d 607

Majority

p. 607

PJ Hanley’s Corp., Appellant, v Kiwi Pub Corp., Respondent.

[983 NYS2d 797]

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.

Cases cited

First National Stores, Inc. v. Yellowstone Shopping Center, Inc. 21 NY2d 630 N.Y. 1968-04-18 at 637 p. 607
166 Enterprises Corp. v. I G Second Generation Partners, L.P. 81 AD3d 154 N.Y. App. Div. 2011-02-08 at 159 p. 607