The purpose of the injunction is to maintain the status quo so that, when confronted by the threat of termination, a commercial tenant may protect its investment in the leasehold. The injunction stays the tolling of the cure period, and, if there is an adverse determination on the merits, the tenant may cure the default. To secure the injunction, the tenant must demonstrate (1) a commercial lease; (2) the landlord's notice of default, notice to cure, or threat to terminate; (3) that the lease has not been terminated and the cure period has not expired; and (4) the ability to cure by any means short of vacating the premises. A plaintiff demonstrates that it has the ability to cure by establishing in its motion papers that it is willing to repair any defective condition found by the court, and by providing proof of its effort in addressing the default listed on the notice to cure.
146 Broadway Assoc., LLC v. Bridgeview at Broadway, LLC, NY Slip Op 05990 (2d Dep't September 12, 2018)
Here is the decision.
