Majority
p. 439Confidence Beauty Salon Corp., Appellant, v 299 Third SA, LLC, et al., Respondents. [47 NYS3d 905]
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
p. 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.