Commercial Landlord-Tenant—Yellowstone Injunction Granted—Loft Board Determination May Resolve Salient Issues—Incurable Breach of Lease Precludes the Granting of a Yellowstone Injunction—Definition of Incurable Breach
A PLAINTIFF COMMERCIAL TENANT sought a Yellowstone injunction against its landlord. The landlord had served a notice to cure (NTC), alleging, inter alia, “failure to maintain the premises in good repair and the conversion of the premises” (building) “from commercial to residential use without first obtaining a certificate of occupancy” (C of O) “for such use, resulting in applications by tenant’s own tenants (‘occupants’) for coverage under the Loft Law.”
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