Commercial Landlord-Tenant—Yellowstone Injunction Denied—Tenants Failed to Demonstrate That They Are “Prepared and Have the Ability to Cure the Rent Default”—Force Majeure—Governmental Interference
The tenant plaintiffs moved for “a stay of termination of their commercial leasehold interests” in defendant’s (landlord’s) shopping mall (mall) pendente lite, “pursuant to First Natl. Stores v. Yellowstone Shopping Center, 21 NY2d 630 (1968), or, in the alternative, for a preliminary injunction pursuant to CPLR 6301.” The court denied the tenants’ motion.
