| Confidence Beauty Salon Corp. v 299 Third SA, LLC |
| 2017 NY Slip Op 01652 [148 AD3d 439] |
| March 7, 2017 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Confidence Beauty Salon Corp., Appellant, v 299 Third SA, LLC, et al., Respondents. |
Goldberg, Scudieri & Lindenberg, P.C., New York (Michael Brian Cronk of counsel), for appellant.
Law Offices of Fred L. Seeman, New York (Fred L. Seeman of counsel), for respondents.
Order, Supreme Court, New York County (Joan M. Kenney, J.), entered on or about December 3, 2015, which denied plaintiff's application for a Yellowstone injunction, unanimously affirmed, without costs.
The denial of Yellowstone relief was a provident exercise of discretion because plaintiff failed to aver, let alone demonstrate, that it had the ability to cure its alleged defaults (see Artcorp Inc. v Citirich Realty Corp., 124 AD3d 545 [1st Dept 2015]). Concur—Acosta, J.P., Richter, Manzanet-Daniels, Gische and Webber, JJ. [Prior Case History: 2015 NY Slip Op 32284(U).]