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Warren A. Estis and Michael E. Feinstein

This column has on several occasions addressed the fundamental procedural device known as the “Yellowstone injunction” under New York landlord-tenant law. First established by the Court of Appeals in First Nat. Stores, Inc. v. Yellowstone Shopping Center, Inc., 21 N.Y.2d 630 (1968), a Yellowstone injunction tolls the time to cure under a notice to cure or notice of default, so that the tenant can litigate the merits of the alleged defaults and retain the ability to cure if the court ultimately rules that the tenant is in default of the lease.

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