Commercial Landlord-Tenant’Yellowstone’ Injunction GrantedTenant Had Commenced Diligent Efforts to Cure the Defaults Within the Allotted Time
A plaintiff not-for-profit tenant, which provides “community case management to disabled, geriatric and low income individuals,” appealed from an order of the trial court which had denied the tenant’s motion for a Yellowstone injunction and dismissed the action. The lease term was for in excess of 15 years and the tenant had agreed “to perform certain electrical, plumbing and HVAC work at the premises.” The work was completed in or about 2001. In March 2011, the landlord served the tenant with a “10-day” notice to cure (notice) alleging that the tenant had violated the lease by failing to obtain or provide the landlord with proof that the Landmarks Commission (Landmarks) had signed off on the work performed by the tenant and had failed to provide a mechanical ventilation certificate, proof of the structural stability of the work that was performed, and proof of a “sprinkler hydrostatic test.” The notice specified a “cure date” of April 15, 2011. The lease provided in pertinent part:
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