A plaintiff commercial tenant sought “Yellowstone” relief. The salient issue was whether the record supported the trial court’s finding that the tenant “engaged in good-faith efforts to remedy the defaults alleged by…landlord, so as to support application of the extended cure period provided for it in the…lease.” The Appellate Division held that the record supported the issuance of the Yellowstone injunction.

The tenant operates a liquor store in ground floor retail space. The landlord had issued a 20-day notice of default, dated Jan. 23, 2019, (first notice) which alleged nine defaults under the lease. The alleged defaults cited included (1) trash collection, (2) permits and licenses, (3) cleaning and maintenance of the premises, (4) maintaining and repairing the sidewalk, which was “cracked and raised” (sidewalk issue), (5) extermination, (6) insurance coverage, (7) plans and approvals for work and operations of the premises, (8) existence of a step at the entrance of the store, in violation of the Americans With Disabilities Act (ADA) and (9) “proof as to the managing agents of tenants.”

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