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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OF DOGS, CATS AND CHIMPANZEES

People always joke that ‘dog’ spells ‘god’ backwards.  They should consider that it might be the higher power coming down to see just how well they do, what kind of people they are.  The animals are right here, right in front of us.  And how we treat these companions is a test.

                                                                                                            Linda Blair

Over the past several months, our trial level and appellate courts have entertained and decided an unusually-broad panoply of suits and appeals relating to dogs, cats and other household pets.  Issues presented ranged from the rights of chimpanzees to habeas corpus relief; several “vicious propensities” disputes; the duty of care and strict liability for injuries caused by animals; seizure of pets; harboring dogs and cats violation of a lease; and the warrantless search and seizure of a neglected dog. Continue reading

Court of Appeals #13

We recently published a new update on decisions from the Court of Appeals.