3636 Owners, Inc. v. Greystone Building
771 N.Y.S.2d 341
N.Y. App. Div.
2004
Check Treatment

Order, Supreme Court, Bronx County (Barry Salman, J.), entered May 14, 2003, which granted plaintiff’s motion for a *123Yellowstone injunction on condition that a $10,000 bond be posted, unanimously affirmed, without costs.

Plaintiff established that it held a commercial lease, received a notice of default, timely requested injunctive relief, and was prepared and able to cure (Graubard Mollen Horowitz Pomeranz & Shapiro v 600 Third Ave. Assoc., 93 NY2d 508 [1999]). Yellowstone relief is proper even where nonpayment of rent is the only issue (see Lexington Ave. & 42nd St. Corp. v 380 Lexchamp Operating, 205 AD2d 421, 423-424 [1994]). The bonding condition was a proper exercise of discretion, rationally related to the damages defendant might suffer should the court later determine that the injunctive relief was unwarranted (Sportsplex of Middletown v Catskill Regional Off-Track Betting Corp., 221 AD2d 428 [1995]).

We have considered defendant’s remaining contention and find it to be without merit. Concur—Buckley, P.J., Andrias, Lerner and Friedman, JJ.