Legal Opinion
NY Great Stone Inc. v. Two Fulton Square LLC
New York Supreme Court
Decided March 24, 2015Published
1Opinion of the Court
OPINION OF THE COURT
Martin E. Ritholtz, J.
Application by plaintiff to enjoin defendant from terminating the subject lease and from commencing summary proceedings to recover possession and to compel defendant to provide access to a water valve on the property to conduct a hydrostatic pressure test.
It is ordered that the application is denied.
Yellowstone injunctions are routinely granted to avoid forfeiture of a commercial tenant’s interest prior to a determination of the merits. (See Post v 120 E. End Ave. Corp., 62 NY2d 19 [1984]; First Natl. Stores v Yellowstone Shopping Ctr., 21 NY2d 630…
2Cases cited5 opinions
- First National Stores, Inc. v. Yellowstone Shopping Center, Inc.New York Court of Appeals · 1968
- Post v. 120 East End Avenue Corp.New York Court of Appeals · 1984
- Barsyl Supermarkets, Inc. v. Avenue P Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Jackson 37 Co. v. Laumat, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Xiotis Restaurant Corp. v. LSS Leasing Ltd. Liab. Co.Appellate Division of the Supreme Court of the State of New York · 2008