Attorneys who practice landlord-tenant law in New York should be familiar with what is known as the Yellowstone injunction. A Yellowstone injunction—first established by the New York Court of Appeals in the landmark decision First Nat. Stores v. Yellowstone Shopping Center, 21 N.Y.2d 630, 290 N.Y.S.2d 721 (1968)—operates to maintain the status quo by tolling the commercial tenant’s time to cure an alleged lease default as set forth in a notice to cure, 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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