In Hopp v. Raimondi , Susan Hopp was a rent-controlled tenant who lived in the building for over forty years, even after it converted to cooperative ownership back in the 80's.
In 2003, Michael Raimondi acquired the shares and proprietary lease to Hopp's unit.
When Hopp refused to provide Raimondi with a key to the apartment, he served her with a notice claiming that she violated her lease and gave her an opportunity to remedy the default. Before that cure period ended, Hopp filed suit seeking a court to declare her in compliance with her lease and simultaneously asked for a special injunction -- commonly known as "Yellowstone relief" -- stopping the running of the timeframe delineated in the landlord's notice.
When the Westchester County Supreme Court denied her request, finding such equitable relief was only available to commercial tenants or those residential tenants who owned shares in their coop apartments, an appeal to the Appellate Division, Second Department, followed.
While Yellowstone injunctions aren't usually needed by New York City residential tenants because of a state law -- RPAPL 753(4) -- which grants them a ten day post-judgment period to correct a default and avoid a forfeiture of a tenancy, no comparable statutory protection exists for those apartment dwellers outside of the five boroughs.
As a result, the AD2 concluded equitable relief should be granted and Hopp's right to cure preserved in the event the Supreme Court ultimately found against her.
Bet Susan's glad she hopped to the AD2.
To download a copy of the Appellate Division's decision, please use this link: Hopp v. Raimondi