Seymour C. Post, Respondent v. 120 East End Avenue Corporation, Appellant

Summary

The Court held that the newly enacted RPAPL 753(subd.4) applies to the appeal, but because the record does not show whether the alleged breach could be cured within ten days, it could not determine whether the preliminary Yellowstone injunction should be vacated. Accordingly, the Court reversed the Appellate Division’s order, answered the certified question in the negative, and remanded the case to the Supreme Court for further proceedings.