Opinion
January 15, 1998
Appeal from the Supreme Court, New York County (Leland DeGrasse, J.).
In both cases, plaintiff demonstrated the necessary criteria for issuance of a Yellowstone injunction, having established that it held a commercial lease, received a notice of default, timely requested injunctive relief, and is prepared and maintains the ability and willingness to cure the alleged defaults ( see, Lexington Ave. 42nd St. Corp. v. 380 Lexchamp Operating, 205 A.D.2d 421, 423). In the first instance, defendants also improperly served a notice of termination prior to service of a notice of default, in violation of paragraph 17 of the lease. Defendants did not demonstrate that plaintiff sought judicial intervention with "unclean hands", which issue should await resolution after a full hearing ( see, Lew-Mark Cleaners Corp. v. DeMartini, 128 A.D.2d 758, 759).
The court also properly denied defendants' cross motion to enforce discovery since the disputed portions of the bill of particulars sought production of evidentiary material and legal arguments ( see, 176-178 Ashburton Ave. Corp. v. New York Prop. Ins. Underwriting Assn., 125 A.D.2d 653), and the discovery demands were unduly burdensome ( see, Konrad v. 136 E. 64th St. Corp., 209 A.D.2d 228).
Concur — Rosenberger, J.P., Williams, Andrias and Colabella, JJ.