Any practitioner handling landlord-tenant litigation should be familiar with Yellowstone injunctions. Under the Yellowstone doctrine, a commercial tenant, when served with a notice to cure threatening the termination of its lease, may apply for a Yellowstone injunction maintaining the status quo, by tolling the tenant’s time to cure an alleged lease default so that, upon an adverse determination on the merits, the tenant may cure the default and avoid the forfeiture of its leasehold.
It is well established that to obtain a Yellowstone injunction, the tenant must demonstrate that (1) it holds a commercial lease, (2) it received from the landlord a notice to cure threatening the termination of the lease, (3) it requested injunctive relief prior to the expiration of the cure period in the notice to cure, and (4) it is prepared and maintains the ability to cure the alleged default by any means short of vacating the premises.1
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