Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06272
217-20 K&A, LLC v De Maio Props., LLC
Read the official decision: 2026 NY Slip Op 06272
Holding The plaintiff was not eligible for a preliminary injunction because it sought injunctive relief after the expiration of the cure period. Additionally, the plaintiff failed to establish a likelihood of success on the merits because obtaining prospective insurance could not retrospectively cure the default arising from the failure to continually maintain insurance coverage.
The court’s words
the plaintiff was not eligible for a preliminary injunction pursuant to CPLR 6301 because the plaintiff did not seek injunctive relief until after the expiration of the cure period
2026 NY Slip Op 06272, at the official text
the fact that the plaintiff obtained prospective insurance could not retrospectively cure the default arising from the plaintiff's failure to have continually maintained insurance coverage
2026 NY Slip Op 06272, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06272 |
| Area of law | Real Property |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06272 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1546 |
Recommended citation
ESQ HQ, New York Law Watch, 217-20 K&A, LLC v De Maio Props., LLC, 2026 NY Slip Op 06272 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06272/
How this record was made
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