PJ Hanley's Corp. v Kiwi Pub Corp. (2014 NY Slip Op 02730)

PJ Hanley's Corp. v Kiwi Pub Corp.

2014 NY Slip Op 02730 [116 AD3d 607]

April 22, 2014

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 28, 2014

PJ Hanley's Corp., Appellant,
v
Kiwi Pub Corp., Respondent.

—[*1] Stern & Stern, Brooklyn (Lawrence M. Stern of counsel), for appellant.

Victor & Bernstein, P.C., New York (Donald M. Bernstein of counsel), for respondent.

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered August 15, 2013, which denied plaintiff's motion for a Yellowstone injunction, unanimously affirmed, without costs.

Plaintiff's failure to seek a stay of the order denying its motion for nearly six months after the order was issued, during which time the cure period expired, plaintiff's sublease was terminated, and a holdover proceeding was commenced, bars appellate relief (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630, 637 [1968] 166 Enters. Corp. v I G Second Generation Partners, L.P., 81 AD3d 154, 159 [1st Dept 2011]). It is therefore unnecessary to consider plaintiff's other arguments. Concur—Tom, J.P., Renwick, Richter, Feinman and Gische, JJ.