Commercial Landlord-Tenant—’Yellowstone’ Injunction Denied—Tenant Committed Incurable Breach With Respect to Insurance Requirements
A commercial tenant had moved for a Yellowstone injunction, pursuant to First National Stores Inc. v. Yellowstone Shopping Center Inc., 21 NY2d 630 (1968). The tenant asked the court to toll its time to cure the alleged lease defaults identified in a notice to cure (notice) which had been sent by its landlord and for a preliminary injunction enjoining the landlord from terminating the lease. The landlord had cross-moved for partial summary judgment on its counterclaims and to dismiss two of the plaintiffs’ causes of action.
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