Legal Opinion
JT Queens Carwash, Inc. v. 88-16 Northern Blvd., LLC
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2012Published
1Opinion of the Court
The Supreme Court properly determined that the plaintiff failed to establish its entitlement to Yellowstone relief (see First Natl. Stores v Yellowstone Shopping Ctr, 21 NY2d 630 [1968]). “A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted by a threat of termination of its lease, may protect its investment in the leasehold by *1090obtaining a stay tolling the cure period so that upon an adverse determination on the merits the tenant may cure the default and avoid a forfeiture” of the lease (Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave.…
2Cases cited8 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
- Trump on the Ocean, LLC v. AshAppellate Division of the Supreme Court of the State of New York · 2011
- Penske Truck Leasing Co. v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1998
- Korova Milk Bar of White Plains, Inc. v. PRE Properties, LLCAppellate Division of the Supreme Court of the State of New York · 2010
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