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Landlord Tenant Law Litigation

The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey

A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.

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A Yellowstone injunction proceeding — named after the Queens, NY, case, First National Stores Inc. v. Yellowstone Shopping Center Inc., 21 N.Y.2d 630 (1968) — is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant’s ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold. See Zaid Theatre v. Sona Realty Co., 18 A.D.3d 352, 355 (1st Dep’t 2005); Marathon Outdoor v. Patent Constr. Sys. Div. of Harsco, 306 A.D.2d 254, 255 (2d Dep’t 2003). As with any other injunction, the tenant normally will be required to post an injunction bond if its application is granted. New York Civil Practice Law and Rules § 6312(b)(2). See Barsyl Supermarkets v. Ave. P. Assocs., 86 A.D.3d 545, 546 (2d Dep’t 2011).

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