While I totally agree with the conclusions reached by the authors of “Yellowstone Injunctions: Timeliness is Critical,” (Dec. 9) that the Reisenberger court held that assignments are per se incurable, the authors’ reasoning is questionable in light of the First Department’s decision in Artcorp Inc. v. Citireach Realty Corp., 124 A.D.3d 545 (1st Dept. 2015).
In sum, the Artcorp court found that a tenant may be able to overcome the incurability of an assignment by alleging “its willingness to cure the allegedly improper assignment of its shares, or [that it] had the ability to do so either by transferring its shares back to the deceased owner’s estate … or by seeking consent from the landlord.”
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