A commercial tenant had moved for a “Yellowstone injunction.” The tenant sought to toll a May 27, 2022 deadline to cure certain alleged defaults under a lease between the Battery Park City Authority as lessor and the Board of Managers of a condominium, “as lessee…incorporated by reference through (the) sublease dated January 1, 2000 between the (landlord) as sublessor and (tenant) as sublessee”. The tenant sought to enjoin and restrain the landlord from taking any action to terminate the hotel sublease and/or otherwise interfering with the tenant’s possession of the condominium unit.

The tenant alleged that the action arose from its landlord’s refusal to cooperate with the tenant’s plan to “resurrect the failing former Ritz Carlton at the southernmost tip of Manhattan.”

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