January 2008

By Warren A. Estis and William J. Robbins

A Yellowstone injunction allows a tenant that has been served with a notice to cure an alleged lease default to litigate in Supreme Court whether or not there has been a default, without the risk of losing the lease if the court finds a default. The injunction tolls the running of the tenant’s time to cure the alleged default. So, even if there is a determination at the end of the lawsuit adverse to the tenant, the tenant still has time to cure and save the lease.

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