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Landlord & Tenant Law
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied
Bliss World LLC v. 10 West 57th Street Realty, LLC NYLJ 3/7/19, p. 22, col 1 AppDiv, First Dept. (memorandum opinion)
Landlord appealed from Supreme Court's grant of a Yellowstone injunction to tenant. The Appellate Division reversed and denied tenant's motion for an injunction, holding that because the alleged breaches by tenant were not curable, tenant was not entitled to Yellowstone relief, or to any other form of preliminary injunction.
Landlord contends that tenant breached the lease by failing to procure insurance and by improperly assigning the lease. Tenant sought a Yellowstone injunction to ensure that tenant would have an opportunity to cure, and avoid eviction, if landlord were to prevail on its claim for breach of the lease. Supreme Court granted the Yellowstone injunction, and landlord appealed.
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