June 11, 2019

Yellowstone injunctions.

The injunction allows a commercial tenant, when threatened with termination of its lease, to toll the cure period so that, upon an adverse determination on the merits, the tenant may cure the default and avoid a forfeiture of the lease. An application must be made before the termination of the lease and before the expiration of the cure period set forth in the lease and the landlord's notice to cure.

255 Butler Assoc., LLC v. 255 Butler, LLC, NY Slip Op 04343 (2d Dep't June 5, 2019)

Here is the decision.