Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses two landlord-tenant cases, "S&M Bronx Inc. v. Mosholu Petrol Realty LLC," and "Tell v. FirstService Residential NY Inc."
May 03, 2022 at 11:36 AM
14 minute read
Commercial Landlord-Tenant—Yellowstone Injunction Denied—Cure Period Had Expired—Even If Motion Had Been Timely, Tenant Could Not Cure Since It Could Not Find Insurance That Would Provide Retroactive Coverage
This decision involved in action for a declaratory judgment and a permanent injunction. The plaintiff, a commercial tenant, moved for a Yellowstone injunction "tolling the period within which to cure the breach of the lease between the parties." The landlord had served a Notice to Cure dated Oct. 28, 2021.
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