Nextel of New York, Inc. v. Time Management Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
A Yellowstone injunction may be awarded to a commercial tenant allegedly in default under its lease, to toll the expiration of the contractual cure period in the lease (see First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630). The tenant must show (1) that it holds a commercial lease, (2) that it has received notice of default, notice to cure, or threat of termination, (3) that it has moved for injunctive relief prior to the termination of the lease, and (4) it is ready and able to cure the alleged default by any means short of vacating the premises (see Graubard Mollen Horowitz…
2Cases cited9 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
- Miller v. City of New YorkNew York Court of Appeals · 1964
- Davis v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1994
- Dime Laundry Service, Inc. v. 230 Apartments Corp.New York Supreme Court · 1983
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- WorldCom, Inc. v. PPL Prism, LLC (In Re WorldCom, Inc.)United States Bankruptcy Court, S.D. New York · 2006
- Brothers v. New York State Electric & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- City of New York v. New York & Hong Kong Reciprocation Exchange Corp.New York Supreme Court · 2002
- Mirasola v. Advanced Capital Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Broome Landfill Gas Associates v. County of BroomeNew York Supreme Court · 2005
5 more not listed; retrieve them via the Exa API.