On February 26, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in LA Cachette Du Coin LLC v. 625 Rogers 2018 LLC, 2026 NY Slip Op. 30744(U), holding that a Yellowstone injunction is unavailable if it is sought after the time to cure has elapsed, explaining:
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. 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.
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 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.
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.
(Internal quotations and citations omitted).