I believe a brief reply may be appropriate to the column of Messrs. Macht, Cohen and Gardener addressing what they regard as the unavailability of the Yellowstone injunction “for the asking” to commercial tenants. The assertion that “commercial tenants facing immediate lease termination are still denied access to the courts” is both inaccurate and an unseemly appeal to age old aphorisms about heartless landlords.

First, let’s be clear that Real Property Law 235-h speaks to a “declaratory judgment,” not an injunction, Yellowstone or otherwise. The authors may say that I am splitting hairs, but this is simply statutory interpretation, something that is part of our job as lawyers.

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