Appellate Division of the Supreme Court of the State of New York March 30, 2006 (JRK Franklin, LLC v. 164 East 87th Street LLC)

Order, Supreme Court, New York County (Faviola A. Soto, J.), entered June 24, 2005, which, to the extent appealed, granted defendant landlord’s cross motion for summary judgment seeking a declaration that a storage structure erected by a previous tenant constituted a violation of the lease, denied plaintiff-tenant’s motion for a Yellowstone injunction as moot, and awarded defendant attorneys’