Monthly Archives: September 2017

Yellowstone Update

Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Ave. Associates, 93 N.Y.2d 508, 693 N.Y.S.2d 91, 715 N.E.2d 117 (1999)  (“The party requesting a Yellowstone injunction 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 is prepared and maintains the ability to cure the alleged default by any means short of vacating the premises[.]’”)

Prince Fashions, Inc. v. 60G 542 Broadway Owner, LLC, 2017 NY Slip Op 02918 (App. Div. 1st Dept. April 18, 2017)

The Appellate Division addressed an Order of Supreme Court that denied plaintiff’s motion for a Yellowstone injunction stating that:

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