A Yellowstone injunction allows a tenant1 that has been served with a notice to cure an alleged lease default to litigate in Supreme Court whether or not there has been a default, without the risk of losing the lease if the court finds a default. The injunction tolls the running of the period of time the tenant has to cure the alleged default. Thus, even after an adverse determination at the end of the lawsuit, the tenant still has time to cure and save the lease.
The well known four-prong standard of what a tenant must show to obtain Yellowstone relief was stated by the Court of Appeals in Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue Associates2 as follows:
(1) it holds a commercial lease; (2) it received from the landlord either a notice of default, a notice to cure, or a threat of termination of the lease; (3) it requested injunctive relief prior to the termination of the lease;3 and (4) it is prepared and maintains the ability to cure the alleged default by any means short of vacating the premises.4
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