Justice Saliann Scarpulla
Weinberg Holdings moved for a Yellowstone injunction to stay and toll the expiration of a cure period set forth in landlord Ruru’s notice of default in this commercial real estate action. Weinberg also sought injunctive relief seeking to enjoin Ruru from taking any action to terminate Weinberg’s lease or commence eviction proceedings against it. Ruru cross-moved to dismiss the complaint based on documentary evidence. The court stated a tenant seeking a Yellowstone injunction must demonstrate it held a commercial lease, received a notice to cure from landlord, and requested injunctive relief before the expiration of such cure period. Tenant must also show it was prepared to cure the alleged defaults. Here, the court ruled Weinberg made a sufficient showing for Yellowstone relief as there was no dispute it held a lease, and received a default notice. It also noted Weinberg made a timely application for Yellowstone relief before expiration of its cure period, and established its willingness and ability to cure the alleged default through the affidavit of its managing member. Also, in light of conflicting allegations regarding the use of the basement, an injunction was necessary to preserve the status quo, granting tenant’s motion.
