The plaintiff must demonstrate that (1) it holds a commercial lease; (2) it received from the landlord either a notice of default, a notice to cure, or a threat of termination of the lease; (3) it requested injunctive relief prior to the termination of the lease; and (4) it can cure the alleged default by any means short of vacating the premises. The First Department interprets the third criterion to require a tenant to move for injunctive relief before the cure period in the landlord's notice expires.
Gap, Inc. v. 170 Broadway Retail Owner, LLC, NY Slip Op 04115 (1st Dep't June 29, 2021)
