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Yellowstone Injunctions Are Applicable to Residential Leases

BY Jack Malley
June 28, 2011

The term “Yellowstone injunction,” which derives from the Court of Appeals' decision in National Stores, Inc. v. Yellowstone Shopping Center, 21 N.Y.2d 630 (1968), has evolved into a universally recognized brand name among experienced New York real estate litigators. These routinely granted injunctions stay the expiration of the cure period set forth in a landlord's notice to cure, and enjoin the landlord's termination of the lease, until the merits of the alleged default is determined by a court. When a tenant fails to obtain the injunction prior to the expiration of the noticed cure period, the lease terminates and, under Yellowstone, courts are powerless to revive it.

Commercial Leases

The dispute in Yellowstone concerned a commercial lease, and Yellowstone injunctions have, over the years, primarily been issued to enjoin the termination of commercial leases. In fact, many decisions specifically hold that the tenant must be a party to a “commercial” lease to obtain a Yellowstone injunction. See, e.g., Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Ave. Assoc., 93 N.Y.2d 508, 514 (1999); Hempstead Video, Inc. v. 363 Rockaway Associates, LLP, 38 A.D.3d 838, 839 (2d Dep't 2007).

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