Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue Associates

Rosenberger, J. P.,

dissents in a memorandum as follows: I dissent and would affirm the order on appeal. I do not share the majority’s view that plaintiff ceased to be in default as soon as it began paying rent into the escrow account pursuant to the Yellowstone injunction. Nor did the lease provision concerning the interest payable upon default become inapplicable when the injunction went into effect.

The limited purpose of a Yellowstone injunction is to maintain the status quo so that the tenant will not be evicted during the pendency of its legal challenge to the landlord’s determination…