Opinion
14926 Index No. 656414/19 Case No. 2020–04592
12-28-2021
TUCKAHOE REALTY, LLC, Plaintiff–Respondent, v. 241 EAST 76 TENANTS CORP., Defendant–Appellant.
Braverman Greenspun, P.C., New York (Drew Pakett of counsel), for appellant. Morrison Cohen LLP, New York (Alvin C. Lin of counsel), for respondent.
Braverman Greenspun, P.C., New York (Drew Pakett of counsel), for appellant.
Morrison Cohen LLP, New York (Alvin C. Lin of counsel), for respondent.
Webber, J.P., Mazzarelli, Gonza´lez, Rodriguez, JJ.
Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered November 19, 2020, which granted plaintiff's motion for a Yellowstone injunction, unanimously affirmed, with costs.
The motion court providently exercised its discretion in concluding that plaintiff's application for a Yellowstone injunction was timely. We agree with the court that timeliness was established by the fact that the application was made on the last day of the cure period, notwithstanding defendant's argument that plaintiff failed to obtain relief prior to the expiration of the cure period because the court did not sign the order until the next day (compare JH Parking Corp. v. E. 112th Realty Corp., 298 A.D.2d 258, 748 N.Y.S.2d 478 [1st Dept. 2002] [application for Yellowstone injunction denied where made after expiration of cure period]; 319 Smile Corp. v. Forman Fifth, LLC, 37 A.D.3d 245, 831 N.Y.S.2d 118 [1st Dept. 2007] [same]). On the day the application was made, the court advised counsel that it would not have sufficient time to hear argument that afternoon before having to close the court, and instructed counsel to return the next day to argue the motion; thus, the delay in obtaining the injunction was due to "issues within the courthouse" (see Zhu v. Grand Golden Door, LLC, 2013 N.Y. Slip Op. 33318[U], *4–5, 2013 WL 6734522 [Sup. Ct., N.Y. County, Dec. 20, 2013).