<b><i>Yellowstone</i></b> Injunctions When Prompt Cure Is Impossible

Most real estate practitioners are well acquainted with the Yellowstone injunction and its importance in preserving the status quo while allegations that a commercial tenant has breached its lease are litigated. For the uninitiated, Supreme Court will issue a Yellowstone injunction tolling the running of a cure period and staying the landlord's efforts to evict the tenant, pending the litigation and resolution of the underlying action, where the plaintiff: 1) holds a commercial lease; 2) was served with a default notice threatening to terminate the tenancy; 3) sought a Yellowstone injunction prior to the expiration of the cure period set forth in the notice; and 4) is prepared to, and maintains the ability to, cure the alleged lease violation(s) by any means short of vacating the subject premises. See, e.g., Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Ave. Associates, 93 NY2d 508.