Another Slice, Inc. v. 3620 Broadway Investors LLC

We agree with both parties that the court properly granted a Yellowstone injunction (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630 [1968]), and that dismissal was improper. Gold-Land, Inc. v Haskell ( 248 AD2d 132 [1998]), on which the court relied, presents the opposite factual scenario and gives no support for dismissal. In Gold-Land, dismissal was appropriate because Supreme Court denied Yellowstone relief. Concur — Saxe, J.P, Catterson, Moskowitz, Acosta and Renwick, JJ.