JOHN A. REISENBACH CHARTER SCHOOL v. WOLFSON


298 A.D.2d 224 (2002)

748 N.Y.S.2d 247

JOHN A. REISENBACH CHARTER SCHOOL, Respondent, v. STANLEY WOLFSON et al., Appellants.

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

Decided October 15, 2002.


The court properly declined to require plaintiff commercial tenant as a condition of Yellowstone relief immediately to discharge or bond the entire lien upon the demised premises. The purpose of the Yellowstone injunction in the present context—to maintain the status quo so as to afford plaintiff the opportunity to litigate the issue of whether its failure to discharge the subject lien constitutes a default under its lease—would be defeated if...

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