What Is a Yellowstone Injunction in NYC?

In New York City, there is a ruling called the Yellowstone injunction, whereby a New York Supreme Court action is brought by a tenant when a landlord tries to end a lease for an alleged tenant default. A tenant default is when the landlord believes that the tenant has acted against or outside the contract of the lease, to the detriment of the landlord. If a landlord believes that a tenant has violated the lease, the landlord may serve a notice to the tenant to fix the action first. Meanwhile, the tenant may apply to the New York Supreme Court for a Yellowstone injunction and temporary restraining order against the landlord.

A Yellowstone injunction is intended to keep the lease alive and viable for the tenant, stop the landlord from terminating the tenant lease, and allow the tenant to fix any alleged default on the lease (where the notice to cure does not expire). If the Yellowstone injunction were not in place, the notice to cure would expire before the judge decided if the tenant was actually in default or not, and the landlord would end the lease on that basis.

If a tenant does not want to pursue a Yellowstone injunction, the tenant should know that there will be costs associated with stopping a cure period from expiring per the lease terms. There could be late charges, interest on rent not paid on a timely basis or tax payments that could accrue, or common area charges for making repairs to the leasehold.

If you have questions regarding a Yellowstone injunction and its applications, call the office of Michael Mantell, Esq., where we have been caring for clients and their legal needs in the metropolitan New York City area for nearly 50 years. We service the commercial and residential real estate needs of landlords, tenants, and business owners in the NYC region, and offer affordable fees. Call us now at (212) 750-3896 to schedule a consultation regarding your legal issues today.