Definitions Personal Fitness, Inc. v. 133 E. 58th Street LLC.

Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 19, 2012, which denied plaintiffs motion for a Yellowstone injunction, unanimously affirmed, without costs.

The record demonstrates that plaintiff chronically failed to pay its rent, having forced defendant to bring 10 nonpayment *618proceedings over the last seven years. This is a breach of a substantial obligation under the lease (see Adam's Tower Ltd. Partnership v Richter, 186 Misc 2d 620, 621 [App Term, 1st Dept 2000]), and is a type of default that plaintiff cannot cure within the 15-day cure period provided for…