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Expert Analysis

NY Court Clarifies When Yellowstone Relief Is Appropriate

Law360, New York (October 9, 2014, 3:20 PM EDT) -- For years, practitioners have been confused by the New York Supreme Court's inconsistent position as to when a Yellowstone injunction is available in strict rental nonpayment cases. It has long been believed in New York that a Yellowstone injunction is not available in an action stemming from a default based solely upon the nonpayment of rent. However, the recent decision rendered and analysis proffered by Supreme Court Justice Carol Edmead in Sagi Restaurant Corp. v. Brusco W. 78th St. LLC, No. 653992/2013, 2014 N.Y. Slip Op. 30626(U) (Sup. Ct. N.Y. County Mar. 11, 2014) serves to debunk this notion....

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