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What Every Commercial Landlord & Tenant Practitioner Should Know about Yellowstone Injunctions

SKU: REL7800
Total Credits
1 - 1.5
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As any commercial landlord knows, no matter how good a tenant you have occupying your space, sometimes problems arise with the tenant leading to the need to end the tenancy. Similarly, as a commercial tenant even the best landlord can misinterpret your actions and try to terminate your lease based upon those alleged actions. In these situations, the landlord will usually serve the tenant with a notice giving the tenant 5 to 10 days to cure the alleged default under the lease. If the tenant fails to cure the alleged lease default, the lease will be terminated and eviction proceedings will be commenced. As a tenant, it is imperative you stop the cure period from running and put the landlord’s pursuit of your eviction on hold. But how is this done? The tenant must seek what is known in New York law practice as a Yellowstone Injunction. The purpose of a Yellowstone injunctions is to maintain the status quo of the parties under the lease until the rights of the parties can be resolved and/or adjudicated. How do you get the Court to issue a Yellowstone injunction? How do you defend against a tenant seeking a Yellowstone injunction? This CLE program will discuss all that you need to know about this important area of commercial landlord-tenant law.

Lecturer Bio

Michael E. Feinstein, Esq.

Michael Feinstein joined Rosenberg & Estis in 1994 and has been a member since 1998. Mr. Feinstein is a smart and insightful attorney, whose strong level of commitment and focus on the big picture and business practicalities has earned him a highly successful record of achievement in the firm's Supreme Court and appellate practices. Over the years, he has successfully handled all facets of real estate litigation, including landlord-tenant disputes, breach of contract actions, real estate partnership disputes, and co-op/condo disputes. Mr. Feinstein also has extensive experience in mortgage and cooperative loan foreclosures, representing both lenders and borrowers. In addition, Mr. Feinstein has successfully represented claimants in condemnation proceedings.

Mr. Feinstein is also an accomplished appellate advocate, who has argued numerous appeals in the New York State courts.

Mr. Feinstein has been an active member of various bar association sections and committees, including the Real Property Law Committee of the Association of the Bar of the City of New York, the Real Property Law Section of the New York State Bar Association, and the Supreme Court Practice Committee of the New York County Lawyers' Association. Since February 2012, Mr. Feinstein has co-authored the Landlord/Tenant Law column in the New York Law Journal.

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