Yellowstone Injunction New York
A Yellowstone injunction maintains the status quo by tolling the cure period so that a commercial tenant faced with a threat of the termination of its lease can protect its leasehold and, where there is an adverse determination on the merits, cure the default and avoid a forfeiture (Graubard Mollen Horowitz Pomeranz & Shapiro v. 600 Third Ave. Assocs., 93 NY2d 508, 514, 715 N.E.2d 117, 693 N.Y.S.2d 91 ).
The purpose of a Yellowstone injunction is to stop the running of the cure period and maintain the status quo while the underlying dispute is litigated (E.C. Elec., Inc. v. Amblunthorp Holding, Inc., 38 AD3d 401, 401, 834 N.Y.S.2d 14 [1st Dept 2007]; First Natl. Stores, Inc. v. Yellowstone Shopping Ctr. Inc., 21 NY2d 630, 237 N.E.2d 868, 290 N.Y.S.2d 721 ).
"Far less than the normal showing required for preliminary injunctive relief" is needed, as the "threat of termination of the lease and forfeiture, standing alone, has been sufficient to permit maintenance of the status quo by injunction (Post v. 120 East End Ave. Corp., 62 NY2d 19, 25-26, 464 N.E.2d 125, 475 N.Y.S.2d 821 ).