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Yellowstone Injunctions Not Automatic
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.
The common wisdom is that a Yellowstone injunction is routinely granted, and while more often than not it may be granted, such an outcome is not necessarily a foregone conclusion. Nassau County Supreme Court Justice Leonard B. Austin's recent decision in Gristede's Operating Corp. v. Centre Financial LLC, 16 Misc.3d 1132(A), illustrates circumstances where Yellowstone relief has been denied.
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