Artcorp Inc. v. Citirich Realty Corp.

Order, Supreme Court, New York County (Nancy Bannon, J.), entered June 20, 2014, which denied plaintiffs motion for a Yellowstone injunction, unanimously reversed, on the law and the facts, with costs, and the motion granted.

To obtain Yellowstone relief a tenant need not show a likelihood of success on the merits (WPA/Partners v Port Imperial Ferry Corp., 307 AD2d 234, 237 [1st Dept 2003]). It can simply deny the alleged breach of its lease (see Boi To Go, Inc. v Second 800 No. 2 LLC, 58 AD3d 482 [1st Dept 2009]). Contrary to defendant landlord’s contention, plaintiff tenant clearly asserted…