Opinion
2014-04-22
PJ HANLEY'S CORP., Plaintiff–Appellant, v. KIWI PUB CORP., Defendant–Respondent.
Stern & Stern, Brooklyn (Lawrence M. Stern of counsel), for appellant. Victor & Bernstein, P.C., New York (Donald M. Bernstein of counsel), for respondent.
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 Center, 21 N.Y.2d 630, 637, 290 N.Y.S.2d 721, 237 N.E.2d 868 [1968];166 Enters. Corp. v. I G Second Generation Partners, L.P., 81 A.D.3d 154, 159, 917 N.Y.S.2d 143 [1st Dept.2011] ). It is therefore unnecessary to consider plaintiff's other arguments. TOM, J.P., RENWICK, RICHTER, FEINMAN, GISCHE, JJ., concur.