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Apartment buildings line Park Avenue and Fifth Avenue on the Upper East Side of Manhattan, NY, Tuesday, February 25, 2014. Photograph: Victor J. Blue Apartment buildings in New York City. (Photo: Victor J. Blue/Bloomberg)

A Yellowstone injunction permits a tenant who has been served with a notice to cure or a notice of a default by its landlord to obtain a stay tolling the cure period and enjoining the landlord from terminating the lease pending determination of whether the tenant is, in fact, in default. Recently, and with little media attention, the New York State Legislature enacted a law that appears to nullify, as contrary to public policy, any commercial lease provision that waives a tenant’s right to seek a Yellowstone injunction. But the statute as written may not accomplish the Legislature’s goal.

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