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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.
Document Info
Citation Numbers: 90 A.D.3d 559, 934 N.Y.2d 705
Filed Date: 12/20/2011
Precedential Status: Precedential
Modified Date: 10/19/2024