ORDER WAS SIGNED POST-CURE
When seeking to stop -- or "toll" -- the running of a commercial lease-default notice, a party is typically required to secure a “Yellowstone” injunction prior to that notice’s expiration. And when that application is not timely made, relief will usually be denied.
Interestingly, in Tuckahoe Realty, LLC v 241 E. 76 Tenants Corp., the tenant submitted the application to the court on the last possible day, but because the assigned justice was preoccupied with other matters, and lacked “sufficient time,” she was unable to hear oral argument on the motion until the very next day; at which point everyone returned, and an injunction was granted.
Claiming that the equitable relief was untimely procured, and not properly entertained, (given that the default notice had expired by the time the order was signed by the judge), the landlord appealed to the Appellate Division, First Department, which wasn’t very receptive to those arguments.
Since the delay was associated with “issues within the courthouse,” the AD1 thought that the "Yellowstone" injunction was “providently granted,” and left the outcome undisturbed.
That's now etched in stone ....
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DECISION