Opinion
2794N.
Decided February 5, 2004.
Order, Supreme Court, Bronx County (Barry Salman, J.), entered May 14, 2003, which granted plaintiff's motion for a Yellowstone injunction on condition that a $10,000 bond be posted, unanimously affirmed, without costs.
Brian K. Bernstein, for Plaintiff-Respondent.
Lawrence Schiro, for Defendant-Appellant.
Before: Buckley, P.J., Andrias, Lerner, Friedman, JJ.
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 N.Y.2d 508). Yellowstone relief is proper even where nonpayment of rent is the only issue ( see Lexington Ave. 42nd St. Corp. v. 380 Lexchamp Operating, 205 A.D.2d 421, 423-424). 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 A.D.2d 428).
We have considered defendant's remaining contention and find it to be without merit.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.