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GAP, INC. v. 44-45 BROADWAY LEASING CO., LLC

652549/20. Appeal No. 13134N. Case No. 2020-03361.

191 A.D.3d 549 (2021)

143 N.Y.S.3d 6

2021 NY Slip Op 01019

The Gap, Inc., et al., Respondents, v. 44-45 Broadway Leasing Co., LLC, Appellant.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York ( Warren A. Estis of counsel), for appellant.

Davis & Gilbert LLP, New York ( Joshua H. Epstein of counsel), for respondents.

Concur— Gische, J.P., Moulton, González, Scarpulla, JJ.

Plaintiffs demonstrated their entitlement to a Yellowstone injunction because each respectively showed that "(1) it holds a commercial lease; (2) it received from the landlord ... a notice of default ...; (3) it requested injunctive relief prior to the termination of the lease; and (4) it is prepared and maintains the ability to cure the alleged default by any means short of vacating the premises" (Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave...

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