Commercial Landlord-Tenant—Yellowstone Injunction Granted—Landlord Claimed Tenant Lacked Ability to Cure—Failure to Provide Adequate Insurance—Lease Required Landlord to Be Named “Insured”—Tenant Argued That Could Not Be Done, But Landlord Was Covered As An “Additional Insured”—Alleged Unauthorized Physical Improvements and Violation of NYS Alcohol Beverage Control Laws—Facebook Entries As Evidence of Improper Conduct—$500,000 Bond Request Held to be Excessive—$20,000 was Adequate—Complaint Would Not Be Dismissed Based On “Documentary” Evidence from a Facebook Page, Yelp and Other Internet Sources—Such Evidence Was Subject to Interpretation And Their Reliability And Authenticity Had Not Been Sufficiently Established
A LANDLORD ALLEGED that a retail liquor store tenant (tenant) breached its lease and lacked the ability to cure. The landlord had served a Notice of Default (notice) listing several alleged breaches and giving the tenant 15 days to cure. The tenant denied that it had breached the lease and asserted that if the court finds that it is in breach, it is ready, willing, and able to cure.
