Another Slice, Inc. v 3620 Broadway Invs. LLC

Another Slice, Inc. v 3620 Broadway Invs. LLC 2011 NY Slip Op 09200 Decided on December 20, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 20, 2011
Saxe, J.P., Catterson, Moskowitz, Acosta, Renwick, JJ.
6410 105780/10

[*1]Another Slice, Inc., Plaintiff-Appellant,

v

3620 Broadway Investors LLC, Defendant-Respondent.




Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal,
P.C., Yonkers (Lawrence Schiro of counsel), for appellant.
Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of
counsel), for respondent.

Order, Supreme Court, New York County (Doris Ling-Cohan, J.), entered September 27, 2010, which, to the extent appealed from as limited by the briefs, in this dispute between plaintiff commercial tenant and defendant landlord, dismissed the action without prejudice to the parties' right to assert their claims and defenses in the Housing Part of the Civil Court of the City of New York, unanimously reversed, on the law, without costs, and the complaint reinstated.

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.

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

ENTERED: DECEMBER 20, 2011

CLERK