BENENSON v. SKEK ASSOCIATES

ORDERED that the judgment is affirmed, with costs.

Since the plaintiffs moved for a Yellowstone injunction (see First Natl. Stores v. Yellowstone Shop. Ctr., 21 N.Y.2d 630) after "the running of the applicable cure period" (Graubard Mollen Horowitz Pomeranz Shapiro v. 600 Third Ave. Assocs., 93 N.Y.2d 508), their motion was properly denied (see, Newtech Video Computer v. 350 Seventh Ave. Assocs., 207 A.D.2d 730; T.W. Dress Corp. v. Kaufman, 143 A.D.2d 900; Health N Sports v. Providence Capitol Realty Group, 75 A.D.2d 884).

The relief which the plaintiffs seek in the instant action is "substantially the same" (Kent Dev. Co. v. Liccione, 37 N.Y.2d 899) as the relief which they seek in a counterclaim in another action pending between the parties. Therefore, the Supreme Court properly granted the defendant's motion to dismiss the complaint in the instant action (see CPLR 3211[a][4]; cf. JC Mfg. v. NPI Elec., 178 A.D.2d 505).

The plaintiffs' remaining contention is without merit.

FEUERSTEIN, J.P., O'BRIEN, LUCIANO and TOWNES, JJ., concur.