Gihon, LLC v. 501 Second Street, LLCGihon, LLC v. 501 Second Street, LLC
—In an action, inter alia, to recover damages for breach of a lease, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Knipel, J.), dated April 9, 2002, as granted the plaintiffs motion to enjoin it from taking action to terminate the lease.
Ordered that the order is affirmed insofar as appealed from, with costs.
A tenant seeking Yellowstone relief must demonstrate that (1) it holds a commercial lease, (2) it has received a notice of default, notice to cure, or threat of termination of the lease, (3) its application for a temporary restraining order was made prior to expiration of the cure period and termination of the lease, and (4) it has the desire and ability to cure the alleged default by any means short of vacating the premises (see First Natl. Stores v Yellowstone Shopping Ctr.,
The Supreme Court properly granted the plaintiff Yellowstone relief. The plaintiff presented evidence that it possessed a commercial leasehold interest, that it had received two notices of default threatening termination, that the time for cure of any default had not expired, and that it had the ability to cure any default.
The parties’ remaining contentions are without merit. Feuerstein, J.P., Friedmann, Luciano and Townes, JJ., concur.