The plaintiff restaurant tenant sought a “Yellowstone” injunction and other relief. The defendant landlord moved to reargue a prior motion for, inter alia, partial summary judgment on its affirmative defenses and counterclaims and for an order vacating a Yellowstone injunction which had been granted to the plaintiff, on the grounds that the plaintiff failed to pay rent for April and May 2020 and/or alternatively scheduling the matter for trial.

A Yellowstone injunction stops a landlord from terminating a commercial lease, until a court makes a determination as to the validity of the tenant’s defenses.

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