Practice point: The injunction maintains the status quo so that a commercial tenant, when threatened with termination, may stay tolling the cure period, and, upon an adverse determination on the merits, may cure the default.
Student note: Tenant must demonstrate that (1) it holds a commercial lease; (2) it received a notice of default, a notice to cure, or a threat of termination; (3) it requested injunctive relief prior to both the termination of the lease and the expiration of the cure period set forth in the lease and the landlord's notice to cure; and (4) it is prepared, and maintains the ability, to cure the alleged default by any means short of vacating the premises
Case: Barsyl Supermarkets, Inc. v Avenue P Assoc., LLC, NY Slip Op 05946 (2d Dept. 2011
Tomorrow’s issue: Civil contempt.
