Legal Opinion

3636 Owners, Inc. v. Greystone Building

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 2004PublishedCited by 4 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Barry Salman, J.), entered May 14, 2003, which granted plaintiff’s motion for a *123Yellowstone injunction on condition that a $10,000 bond be posted, unanimously affirmed, without costs.

Plaintiff established that it held a commercial lease, received a notice of default, timely requested injunctive relief, and was prepared and able to cure (Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc., 93 NY2d 508 [1999]). Yellowstone relief is proper even where nonpayment of rent is the only issue (see Lexington Ave. & 42nd St. Corp. v 380 Lexchamp…

2Cases cited3 opinions

  1. Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
  2. Lexington Avenue & 42nd St. Corp. v. 380 Lexchamp Operating, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
  3. Sportsplex of Middletown, Inc. v. Catskill Regional Off-Track Betting CorporationAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by4 opinions

  1. Peyton v. PWV Acquisition LLCAppellate Division of the Supreme Court of the State of New York · 2012
  2. Medical Buildings Associates, Inc. v. Abner Properties Co.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Medical Buildings Associates, Inc. v. Abner Properties Co.Appellate Division of the Supreme Court of the State of New York · 2013
  4. Peyton v. PWV Acquisition LLCAppellate Division of the Supreme Court of the State of New York · 2012

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