3636 Owners, Inc. v. Greystone Building
Appellate Division of the Supreme Court of the State of New York
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
- Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
- Lexington Avenue & 42nd St. Corp. v. 380 Lexchamp Operating, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Sportsplex of Middletown, Inc. v. Catskill Regional Off-Track Betting CorporationAppellate Division of the Supreme Court of the State of New York · 1995
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- Medical Buildings Associates, Inc. v. Abner Properties Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Medical Buildings Associates, Inc. v. Abner Properties Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Peyton v. PWV Acquisition LLCAppellate Division of the Supreme Court of the State of New York · 2012