80 BROAD RETAIL ASSOC., LLC v. BSD 80 BROAD LLC

159994/19. Appeal No. 12096N. Case No. 2020-00844.

187 A.D.3d 534 (2020)

130 N.Y.S.3d 666

2020 NY Slip Op 05805

80 Broad Retail Associates, LLC, Respondent, v. BSD 80 Broad LLC, Appellant.

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

Decided October 15, 2020.


The motion court properly granted plaintiff's application for a Yellowstone injunction. Contrary to defendant's contention, plaintiff fulfilled the four criteria for Yellowstone relief, namely, that "(1) it holds a commercial lease; (2) it received from the landlord either a notice of default, a notice to cure, or a threat of termination of the lease; (3) it requested injunctive relief prior to the termination of...

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