Opinion
06-28-2016
The AMERICAN YOUTH DANCE THEATER, INC., Plaintiff–Respondent, v. 4000 EAST 102 ST. CORP., Defendant–Appellant.
Cyruli Shanks Hart & Zizmor LLP, New York (James E. Schwartz of counsel), for appellant. Albanese & Albanese LLP, Garden City (Diana C. Prevete of counsel), for respondent.
Cyruli Shanks Hart & Zizmor LLP, New York (James E. Schwartz of counsel), for appellant.
Albanese & Albanese LLP, Garden City (Diana C. Prevete of counsel), for respondent.
Opinion
Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered February 19, 2016, which granted plaintiff tenant's for a Yellowstone injunction, unanimously affirmed, without costs.
The motion court properly found that plaintiff's defaults were curable and that, having demonstrated its willingness to cure them, plaintiff should be permitted to do so within a reasonable time (see Baruch, LLC v. 587 Fifth Ave., LLC, 44 A.D.3d 339, 842 N.Y.S.2d 442 [1st Dept.2007] ; Empire State Bldg. Assoc. v. Trump Empire State Partners, 245 A.D.2d 225, 229, 667 N.Y.S.2d 31 [1st Dept.1997] ). The lease, lease rider, and lease amendment, as well as the course of dealing between the parties, establish that the parties intended that plaintiff would continue working toward obtaining the certificate of occupancy (C/O) after the deadline passed, and an uncontroverted affidavit by plaintiff's president detailing plaintiff's efforts to obtain approval of the renovation plans and the C/O establishes that, despite its best efforts, plaintiff was unable to obtain a C/O.
We have considered defendant's remaining arguments and find them unavailing.
SWEENY, J.P., ACOSTA, FEINMAN, KAPNICK, WEBBER, JJ., concur.