BOOSTON LLC v. 35 W. REALTY CO. LLC

654308/19. 11854N. M-1690 & M-2043.

185 A.D.3d 508 (2020)

125 N.Y.S.3d 546

2020 NY Slip Op 04011

Booston LLC, Appellant, v. 35 West Realty Co. LLC, Respondent.

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

Decided July 16, 2020.


Although plaintiff otherwise met the criteria for obtaining a Yellowstone injunction, "[w]here the claimed default is not capable of cure, there is no basis for a Yellowstone injunction" (Bliss World LLC v 10 W. 57th St. Realty LLC, 170 A.D.3d 401, 401 [1st Dept 2019]). We note that denial of a Yellowstone injunction does not resolve the underlying merits of the dispute or whether the default requires termination of the lease (id.).

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