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Serpin Int'l Gourmet Foods v. Brooklyn Kings Plaza LLC

Plaintiffs Fail to Show Ability to Cure Default, Not Entitled to 'Yellowstone' Injunction

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The following papers numbered 1 to 17 read herein: Papers NumberedNotice of Motion/Order to Show Cause/Petition/Cross Motion and Affidavits (Affirmations) Annexed              1-7Opposing Affidavits (Affirmations)     8-14Reply Affidavits (Affirmations)            15-17DECISION AND ORDER

*1  Upon the foregoing papers, Plaintiffs’ motions for a Yellowstone injunction and for reinstatement to the leased premises are denied. Defendants’ cross-motions to dismiss the amended complaint are granted.BackgroundOn August 14, 2017, Plaintiff, SERPIN INTERNATIONAL GOURMET FOODS, INC. (“Serpin”) commenced this action against Defendant, BROOKLYN KINGS PLAZA, LLC (“Kings Plaza”). Simultaneously with the filing of the summons and complaint, Serpin filed an order to show cause seeking a Yellowstone injunction against Kings Plaza enjoining it from terminating Serpin’s lease and obtaining possession of the premises. Serpin operates a retail store1 within a shopping mall owned and operated by Kings Plaza. The complaint asserts two causes of action against Kings Plaza

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