Newmann v. Mapama Corp.

Quite apart from the expiration of the lease, plaintiffs’ motion for a preliminary injunction was properly denied. I agree with Special Term that plaintiffs have an adequate remedy if they are sued in the Civil Court, and therefore, there is no need for a declaratory judgment or an injunction in plaintiffs’ favor. The injunction sought is a so-called Yellowstone injunction (First Nat. Stores v Yellowstone Shopping Center, 21 NY2d 630). Typically such injunctions have *796been issued in cases where the landlord claims there has been a breach of some covenant in the lease; the tenant disputes it;…