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

148 A.D.3d 439 Court N.Y. App. Div. Decision date 2017-03-07 English

Judges Concur—Acosta, J.P., Richter, Manzanet-Daniels, Gische and Webber, JJ.

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p. 439
Confidence 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.