Opinion
February 10, 1998
Appeal from the Supreme Court, New York County (Emily Jane Goodman, J.).
The identical argument now raised in support of plaintiffs' claim that triable issues of fact exist precluding summary judgment has been considered by this Court in defendant's previous appeal challenging the granting of a Yellowstone injunction, where we found, in dicta, that the commercial lease at issue "clearly prohibited, inter alia, the placement of awnings, projections or signs on any part of the outside of the building without the prior written consent of the landlord" ( 226 A.D.2d 114). We find no reason to depart from that statement on this appeal. Hence, no triable issues of fact exist that preclude the granting of summary judgment in defendant's favor. We have considered plaintiffs' remaining contentions and find them to be without merit.
Concur — Sullivan, J. P., Milonas, Mazzarelli and Andrias, JJ.