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37TH STREET ENTERPRISES, INC. v. 500-512 SEVENTH AVENUE ASSOCIATES

266 A.D.2d 28 (1999)

697 N.Y.S.2d 601

37TH STREET ENTERPRISES, INC., et al., Respondents, v. 500-512 SEVENTH AVENUE ASSOCIATES, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 4, 1999.

Plaintiff tenants met the necessary criteria to obtain a Yellowstone injunction by showing that they (1) hold a commercial lease, (2) received a notice of default/notice to cure from the landlord, (3) made an application for injunctive relief prior to the termination of the lease, and (4) have the desire and ability to cure the alleged defaults (see, First Natl. Stores v Yellowstone Shopping Ctr., 21 N.Y.2d 630; Empire...

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