Legal Opinion
CC Vending, Inc. v. Berkeley Educational Services of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 2010Published
1Opinion of the Court
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 8, 2010, which denied plaintiffs motion for a Yellowstone injunction and a preliminary injunction and granted defendant’s cross motion to stay arbitration, unanimously affirmed, without costs.
Plaintiff has failed to show entitlement to a Yellowstone injunction. It is well settled that “[t]he purpose of a Yellowstone injunction is to allow a tenant confronted by a threat of termination of the lease to obtain a stay tolling the running of the cure period so that, after a determination of the merits, the tenant may cure…
2Cases cited7 opinions
- Nobu Next Door, LLC v. Fine Arts Housing, Inc.New York Court of Appeals · 2005
- Sherrill v. Grayco Builders, Inc.New York Court of Appeals · 1985
- Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Avenue AssociatesNew York Court of Appeals · 1999
- Empire State Building Associates v. Trump Empire State PartnersAppellate Division of the Supreme Court of the State of New York · 1997
- Senrow Concessions, Inc. v. Shelton Properties, Inc.New York Court of Appeals · 1961
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