Opinion
February 1, 1999
Appeal from the Supreme Court, Kings County (Shaw, J.).
Ordered that the order is affirmed, with costs.
The Supreme Court correctly determined that the respondent had effectively terminated the parties' contract pursuant to its terms, prior to the appellants' application for a Yellowstone injunction ( see, First Natl. Stores v. Yellowstone Shopping Ctr., 21 N.Y.2d 630). Therefore, the court was without authority to grant the appellants the requested relief ( see, R.P.S.P. Pasta Corp. v. Tor Val., 229 A.D.2d 783; Long Is. Gynecological Servs. v. 1103 Stewart Ave. Assocs. Ltd. Partnership, 224 A.D.2d 591; Boman Co. v. Professional Data Mgt., 218 A.D.2d 637).
The new arguments the appellants seek to advance for the first time on appeal are not of the limited variety that may be properly raised at this time ( see, Green v. Dunne, 232 A.D.2d 610; Sher v. Allied Bayview Corp., 207 A.D.2d 536;. cf., Libeson v. Copy Realty Corp., 167 A.D.2d 376).
Miller, J. P., Thompson, Sullivan and McGinity, JJ., concur.