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Most real estate practitioners are well acquainted with the Yellowstone injunction and its importance in preserving the status quo while allegations that a commercial tenant has breached its lease are litigated. For the uninitiated, Supreme Court will issue a Yellowstone injunction tolling the running of a cure period and staying the landlord’s efforts to evict the tenant, pending the litigation and resolution of the underlying action, where the plaintiff: 1) holds a commercial lease; 2) was served with a default notice threatening to terminate the tenancy; 3) sought a Yellowstone injunction prior to the expiration of the cure period set forth in the notice; and 4) is prepared to, and maintains the ability to, cure the alleged lease violation(s) by any means short of vacating the subject premises. See, e.g., Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Ave. Associates, 93 NY2d 508.
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Guarantor Liability for Post-Window-Period Rent
By Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
By New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
By New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
By New York Real Estate Law Reporter Staff
Boathouse Not an Impermissible Second Dwelling
Reduction In Size Did Not Alter Nonconforming Use Status
Local Ordinance Did Not Prohibit Short-Term Rentals