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

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About This Course

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.

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