3636 Owners, Inc. v. Greystone Building

Appellate Division of the Supreme Court of New York

3636 Owners, Inc. v. Greystone Building

4 A.D.3d 122, 771 N.Y.S.2d 341, 2004 N.Y. App. Div. LEXIS 1112

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 2004·Published·Cited by 4 cases

Opinion

Order, Supreme Court, Bronx County (Barry Salman, J.), entered May 14, 2003, which granted plaintiff’s motion for a [123] Yellowstone 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.

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Order, Supreme Court, Bronx County (Barry Salman, J.), entered May 14, 2003, which granted plaintiff’s motion for a [123] Yellowstone 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.

3636 Owners, Inc. v. Greystone Building, 4 A.D.3d 122, 771 N.Y.S.2d 341, 2004 N.Y. App. Div. LEXIS 1112 (N.Y. Ct. App. 2004).

Pincite

4 A.D.3d 122 (3636 Owners, Inc. v. Greystone Building) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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