Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law, analyzes recent rulings, including a case where the developer of a hotel's claim that the current economic crisis should extend the time he had to cure a default in a ground lease was denied and another ruling that a landlord need not itemize all work done in an extensive renovation to qualify for a rent increase on a stabilized apartment.
July 15, 2009 at 12:00 AM
1 minute read
Yellowstone Injunction Denied–Plaintiff Failed to Show Willingness and Ability to Cure–Plaintiff’s Attempt to Cite Current Economic Crises to Establish Excusable Delay Rejected
The plaintiff ground lessee (tenant) sought a “Yellowstone” injunction to toll the time in which the tenant could cure an alleged default and to enjoin the landlord from pursuing termination of the lease.
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