Thank you for sharing!

Your article was successfully shared with the contacts you provided.
gavel Photo: Shutterstock

‘Yellowstone’ injunctions have been a long-standing remedy for tenants that have been served with a notice to cure or a notice default when challenging the legality of the notice. From its origin in the 1968 Court of Appeals decision in First Nat’l Stores v. Yellowstone Shopping Ctr., 21 N.Y.2d 630 (1968), the Yellowstone injunction has traditionally been used as a tool for tenants to litigate in Supreme Court whether or not there has been a default without the risk of losing their lease. Lexington Ave. & 42nd Street Corp. v. 380 Lexchamp Operating, 205 A.D.2d 421 (lst Dept. 1994). The purpose of the Yellowstone injunction is to maintain the status quo so that a commercial tenant may protect its valuable property interest in its lease while challenging the landlord’s assessment of its rights. Post v. 120 E. End Ave. Corp., 62 N.Y.2d 19, 26 (1984). If a motion is made before the expiration of the default notice, upon the granting of the injunction the cure period is tolled and the landlord is enjoined from terminating the lease or commencing a summary proceeding until the trial court renders a decision on the merits.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


New York Law JournalBook

New York Law Journal, serving the bench and the bar since 1888

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.