LA Cachette Du Coin LLC v 625 Rogers 2018 LLC 2026 NY Slip Op 30744(U) February 26, 2026 Supreme Court, Kings County Docket Number: Index No. 544979/2025 Judge: Reginald A. Boddie Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.5449792025.KINGS.001.LBLX000_TO.html[03/11/2026 3:45:52 PM] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
At an IAS Commercial Part 12 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at 360 Adams Street, Borough of Brooklyn, City and State of New York on the 26 th day of February 2026.
PRESENT: Honorable Reginald A. Boddie Justice, Supreme Court ----------------------------------------------------------------------x LA CACHETTE DU COIN LLC,
Plaintiff, Index No. 544979/2025
-against- Cal. No. 18 MS 1
625 ROGERS 2018 LLC, Decision and Order
Defendant. -----------------------------------------------------------------------x The following e-filed papers read herein: NYSCEF Doc Nos. MS 1 2-18, 20-30
Plaintiffs motion for a Yellowstone injunction is decided as follows:
Background
This action arises out of a mechanic's lien filed by the plaintiff commercial tenant's
contractor and the defendant landlord's subsequent issuance of a notice to cure asserting that the
lien constituted a default under the parties' commercial lease. On November 5, 2025, plaintiffs
contractor filed a Notice of Mechanic's Lien with the Kings County Clerk, alleging that plaintiff
agreed to pay a total contract price of $484,000 and that an outstanding balance of $234,000
remained due. By letter dated November 10, 2025, defendant served plaintiff with a Notice of
Default and Demand to Discharge Lien, asserting that the filing of the lien violated Article 30 of
the lease and demanding that plaintiff discharge or bond the lien within thirty days. Following
1 of 5 [* 1] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
expiration of that 30-day period, defendant served plaintiff, by letter dated December 15, 2025,
with a "Notice of Continued Default/Failure to Cure," advising that plaintiffs failure to discharge
or bond the lien constituted an additional material breach of the lease and directing plaintiff to cure
the default within ten days or face termination of the tenancy. It is undisputed that plaintiff did
not discharge or bond the lien.
On December 23, 2025, plaintiff commenced a special proceeding pursuant to Lien Law§
19 in this Court, titled La Cachette Du Coin LLC and Eva Volmar v. Wharton Smith Construction
Group Corp., Index No. 544777/2025, asserting that the contractor failed to credit prior payments
and that the lien amount was excessive. Defendant contends, however, that the lien expressly
credited plaintiffs payments totaling $250,000 and accurately reflected the remaining balance
claimed due. By Decision and Order dated February 5, 2026, Honorable Francois A. Rivera denied
plaintiffs petition pursuant to "22 NYCRR 202.27 ... for plaintiffs failure to appear for oral
argument" (NYSCEF Doc No. 29).
Plaintiff now moves by order to show cause for a Yellowstone injunction and temporary
restraining order tolling the cure period contained in the defendant landlord's December 15, 2025
Notice to Cure and enjoining defendant from terminating the commercial lease or commencing
eviction proceedings while this action is litigated. Plaintiff argues that the alleged default that
arises from a mechanic's lien filed by its contractor does not constitute a lease breach, that the
notice was improperly issued, and that immediate injunctive relief is necessary to preserve the
status quo because the cure period would otherwise expire before judicial review. Plaintiff further
asserts that it satisfies all Yellowstone requirements because it holds a commercial lease, timely
sought relief before expiration of the cure period, and is ready, willing, and able to cure by
discharging the lien, as demonstrated by its pending Lien Law § 19 proceeding.
2 of 5 [* 2] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
In opposition, defendant argues that plaintiff is not entitled to a Yellowstone injunction
because plaintiff materially breached the lease by allowing a mechanic's lien to be filed and then
failing to discharge or bond it within the lease-mandated 30-day cure period, causing the lease to
terminate before plaintiff sought injunctive relief. Defendant contends the motion is untimely
since the Yellowstone application was filed only after expiration of the cure period and alleged
termination date, thereby depriving the Court of authority to grant relief. Defendant further asserts
that plaintiff cannot satisfy the required showing of readiness and ability to cure because the tenant
neither paid nor bonded the $234,000 lien, relied solely on a lien-discharge proceeding that was
later denied for failure to appear, and has provided no evidence of financial ability or alternative
means to remove the lien.
Discussion
"A Yellowstone injunction maintains the status quo so that a commercial tenant, when
confronted by a threat of termination of its lease, may protect its investment in the leasehold by
obtaining a stay tolling the cure period so that upon an adverse determination on the merits the
tenant may cure the default and avoid a forfeiture of the lease (JT Queens Carwash, Inc. v 88-16
N.-Blvd. , LLC, 101 AD3d 1089, 1089-90 [2d Dept 2012] [citation and internal quotation marks
omitted]). "To obtain a Yellowstone injunction, the tenant must demonstrate that (1) it holds a
commercial lease, (2) it received from the landlord either a notice of default, a notice to cure, or a
threat of termination of the lease, (3) it requested injunctive relief prior to both the termination of
the lease and the expiration of the cure period set forth in the lease and the landlord's notice to
cure, and (4) it is prepared and maintains the ability to cure the alleged default by any means short
of vacating the premises" (id. at 1090).
Here, plaintiff did not commence the present action or seek Yellowstone relief until
December 26, 2025, after expiration of the contractual cure period calculated from the November 3
3 of 5 [* 3] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
10, 2025 notice directing plaintiff to discharge or bond the mechanic's lien within thirty days
pursuant to the commercial lease. It is undisputed that plaintiff failed to remove or bond the lien
within that period. "There is no basis for a Yellowstone injunction where it is sought after the
expiration of the period to cure or after the service of the notice of termination" (King Party Ctr.
of Pitkin Ave., Inc. v Minco Realty, LLC, 286 AD2d 373, 374 [2d Dept 2001] [citations omitted]).
Accordingly, because plaintiff failed to seek injunctive relief prior to expiration of the operative
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LA Cachette Du Coin LLC v 625 Rogers 2018 LLC 2026 NY Slip Op 30744(U) February 26, 2026 Supreme Court, Kings County Docket Number: Index No. 544979/2025 Judge: Reginald A. Boddie Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication.
file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.5449792025.KINGS.001.LBLX000_TO.html[03/11/2026 3:45:52 PM] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
At an IAS Commercial Part 12 of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse, located at 360 Adams Street, Borough of Brooklyn, City and State of New York on the 26 th day of February 2026.
PRESENT: Honorable Reginald A. Boddie Justice, Supreme Court ----------------------------------------------------------------------x LA CACHETTE DU COIN LLC,
Plaintiff, Index No. 544979/2025
-against- Cal. No. 18 MS 1
625 ROGERS 2018 LLC, Decision and Order
Defendant. -----------------------------------------------------------------------x The following e-filed papers read herein: NYSCEF Doc Nos. MS 1 2-18, 20-30
Plaintiffs motion for a Yellowstone injunction is decided as follows:
Background
This action arises out of a mechanic's lien filed by the plaintiff commercial tenant's
contractor and the defendant landlord's subsequent issuance of a notice to cure asserting that the
lien constituted a default under the parties' commercial lease. On November 5, 2025, plaintiffs
contractor filed a Notice of Mechanic's Lien with the Kings County Clerk, alleging that plaintiff
agreed to pay a total contract price of $484,000 and that an outstanding balance of $234,000
remained due. By letter dated November 10, 2025, defendant served plaintiff with a Notice of
Default and Demand to Discharge Lien, asserting that the filing of the lien violated Article 30 of
the lease and demanding that plaintiff discharge or bond the lien within thirty days. Following
1 of 5 [* 1] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
expiration of that 30-day period, defendant served plaintiff, by letter dated December 15, 2025,
with a "Notice of Continued Default/Failure to Cure," advising that plaintiffs failure to discharge
or bond the lien constituted an additional material breach of the lease and directing plaintiff to cure
the default within ten days or face termination of the tenancy. It is undisputed that plaintiff did
not discharge or bond the lien.
On December 23, 2025, plaintiff commenced a special proceeding pursuant to Lien Law§
19 in this Court, titled La Cachette Du Coin LLC and Eva Volmar v. Wharton Smith Construction
Group Corp., Index No. 544777/2025, asserting that the contractor failed to credit prior payments
and that the lien amount was excessive. Defendant contends, however, that the lien expressly
credited plaintiffs payments totaling $250,000 and accurately reflected the remaining balance
claimed due. By Decision and Order dated February 5, 2026, Honorable Francois A. Rivera denied
plaintiffs petition pursuant to "22 NYCRR 202.27 ... for plaintiffs failure to appear for oral
argument" (NYSCEF Doc No. 29).
Plaintiff now moves by order to show cause for a Yellowstone injunction and temporary
restraining order tolling the cure period contained in the defendant landlord's December 15, 2025
Notice to Cure and enjoining defendant from terminating the commercial lease or commencing
eviction proceedings while this action is litigated. Plaintiff argues that the alleged default that
arises from a mechanic's lien filed by its contractor does not constitute a lease breach, that the
notice was improperly issued, and that immediate injunctive relief is necessary to preserve the
status quo because the cure period would otherwise expire before judicial review. Plaintiff further
asserts that it satisfies all Yellowstone requirements because it holds a commercial lease, timely
sought relief before expiration of the cure period, and is ready, willing, and able to cure by
discharging the lien, as demonstrated by its pending Lien Law § 19 proceeding.
2 of 5 [* 2] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
In opposition, defendant argues that plaintiff is not entitled to a Yellowstone injunction
because plaintiff materially breached the lease by allowing a mechanic's lien to be filed and then
failing to discharge or bond it within the lease-mandated 30-day cure period, causing the lease to
terminate before plaintiff sought injunctive relief. Defendant contends the motion is untimely
since the Yellowstone application was filed only after expiration of the cure period and alleged
termination date, thereby depriving the Court of authority to grant relief. Defendant further asserts
that plaintiff cannot satisfy the required showing of readiness and ability to cure because the tenant
neither paid nor bonded the $234,000 lien, relied solely on a lien-discharge proceeding that was
later denied for failure to appear, and has provided no evidence of financial ability or alternative
means to remove the lien.
Discussion
"A Yellowstone injunction maintains the status quo so that a commercial tenant, when
confronted by a threat of termination of its lease, may protect its investment in the leasehold by
obtaining a stay tolling the cure period so that upon an adverse determination on the merits the
tenant may cure the default and avoid a forfeiture of the lease (JT Queens Carwash, Inc. v 88-16
N.-Blvd. , LLC, 101 AD3d 1089, 1089-90 [2d Dept 2012] [citation and internal quotation marks
omitted]). "To obtain a Yellowstone injunction, the tenant must demonstrate that (1) it holds a
commercial lease, (2) it received from the landlord either a notice of default, a notice to cure, or a
threat of termination of the lease, (3) it requested injunctive relief prior to both the termination of
the lease and the expiration of the cure period set forth in the lease and the landlord's notice to
cure, and (4) it is prepared and maintains the ability to cure the alleged default by any means short
of vacating the premises" (id. at 1090).
Here, plaintiff did not commence the present action or seek Yellowstone relief until
December 26, 2025, after expiration of the contractual cure period calculated from the November 3
3 of 5 [* 3] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
10, 2025 notice directing plaintiff to discharge or bond the mechanic's lien within thirty days
pursuant to the commercial lease. It is undisputed that plaintiff failed to remove or bond the lien
within that period. "There is no basis for a Yellowstone injunction where it is sought after the
expiration of the period to cure or after the service of the notice of termination" (King Party Ctr.
of Pitkin Ave., Inc. v Minco Realty, LLC, 286 AD2d 373, 374 [2d Dept 2001] [citations omitted]).
Accordingly, because plaintiff failed to seek injunctive relief prior to expiration of the operative
cure period, the Court lacks authority to toll the default retroactively.
Moreover, plaintiff has failed to demonstrate that it possesses the willingness and present
ability to cure the alleged default. "A plaintiff demonstrates that it has the desire and ability to
cure its alleged default by indicating in its motion papers that it is willing to repair any defective
condition found by the court and by providing proof of the substantial effort it has already made
in addressing the default listed on the notice to cure" (146 Broadway Assoc., LLC v Bridgeview at
Broadway, LLC, 164 AD3d 1193, 1194-95 [2d Dept 2018] [citation omitted]). Here, plaintiff
neither satisfied the lien nor posted a bond as expressly required by the lease. Instead, plaintiff
relied solely upon commencement of a Lien Law § 19 proceeding seeking judicial discharge of
the lien. Notably, that proceeding has been denied due to plaintiffs failure to appear for oral
argument. Additionally, plaintiff has offered no proof of financial capacity to satisfy or bond the
lien, nor any concrete plan by which the default could be cured within a reasonable period ohime.
4 of 5 [* 4] FILED: KINGS COUNTY CLERK 03/02/2026 04:44 PM INDEX NO. 544979/2025 NYSCEF DOC. NO. 31 RECEIVED NYSCEF: 03/02/2026
Conclusion
Based on the foregoing, plaintiffs motion for a Yellowstone injunction is denied. Any
arguments not expressly addressed herein were considered and deemed to be without merit or
unnecessary to address given the court's determination.
ENTER:
Honorable Reginald A. Boddie Justice, Supreme Court
HON. REGINALD A. BODDIE J.S.C.
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