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Matter of Merrie Christie Refreshments v. Sheehan – Case Brief Summary (New York)

In Matter of Merrie Christie Refreshments v. Sheehan, 233 A.D.2d 200, 649 N.Y.S.2d 699 [1st Dept., 1996], the trial court denied a net-lessee/subtenant's application for a Yellowstone injunction. The First Department reversed, stating:

The IAS court's determination regarding the validity of the assignment of the net lease was premature.... The facially valid assignment of the net lease ... and the parties' contentions regarding the validity of the assignment must await trial. Inasmuch as the minimal prima facie requirements for a Yellowstone injunction were met, the net-lessee is entitled to such relief. (Matter of Merrie, 233 A.D.2d at 200).