IP Int'l Prods., Inc. v. 275 Canal St. Assocs.

Full title: IP International Products, Inc., Plaintiff-Appellant, v. 275 Canal Street…

Court: Supreme Court, Appellate Division, First Department, New York.

Date published: May 10, 2016

139 A.D.3d 464 (N.Y. App. Div. 2016)

2016 N.Y. Slip Op. 3668

29 N.Y.S.3d 795

Opinion

1101N 652369/15

05-10-2016

IP International Products, Inc., Plaintiff-Appellant, v. 275 Canal Street Associates, Defendant-Respondent.

Jaffe, Ross & Light LLP, New York (Bill S. Light of counsel), for appellant. Becker & Poliakoff, LLP, New York (Glenn H. Spiegel of counsel), for respondent.

Mazzarelli, J.P., Renwick, Saxe, Gische, Kahn, JJ.

Jaffe, Ross & Light LLP, New York (Bill S. Light of counsel), for appellant.

Becker & Poliakoff, LLP, New York (Glenn H. Spiegel of counsel), for respondent.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 5, 2015, which, to the extent appealed from as limited by the briefs, denied plaintiffs' application for a Yellowstone injunction, unanimously affirmed, with costs.

The court providently exercised its discretion in denying plaintiff's application for a Yellowstone injunction, because plaintiff failed to demonstrate a willingness to cure (see Cemco Restaurant, Inc. v Ten Park Ave. Tenants Corp. , 135 AD2d 461, 463 [1st Dept 1987]; Linmont Realty, Inc. v Vitocarl, Inc. , 147 AD2d 618, 620 [2d Dept 1989]). Plaintiff's assertions to the contrary are belied by its continued violation of the alterations provision of the lease, even as it purports to "cure" defects.

We have considered plaintiff's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 10, 2016

CLERK