Cure Period Delayed While Tenant Challenges Landlord's Claim

Facts: Rent-controlled tenant moved into her apartment in 1967 and remained after building converted to cooperative ownership in the mid-1980s. Landlord bought tenant's apartment in 2003 and demanded a copy of tenant's apartment key. Landlord and tenant disputed whether the lease required tenant to give landlord a key copy. Tenant also claimed that she had the same lock and key since she moved in. Landlord sent tenant a 10-day notice to cure and threatened termination of her tenancy, claiming that tenant violated her lease by refusing to give him the key. Tenant then sued landlord in State Supreme Court, seeking a declaration that she didn't have to give landlord a key. Tenant also asked the court to grant a "Yellowstone" injunction, preventing landlord from going forward with tenancy termination until the issue was resolved in Supreme Court. The court ruled against tenant, finding that Yellowstone injunctions applied only to commercial landlord-tenant cases. Tenant appealed.

Court: Tenant wins. Nothing barred tenant from getting a Yellowstone injunction. Court decisions involving New York City tenants ruled that Yellowstone injunctions didn't apply to residential tenants. But in New York City, Real Property and Proceedings Law Section 753(4) gave tenants a chance to cure lease violations after a trial. There was no similar law outside New York City. Landlord's delivery to tenant of a combined notice to cure and of tenancy termination forced tenant to seek a Yellowstone injunction. The case was sent back to the Supreme Court to rule on tenant's claim.

Hopp v. Raimondi: NYLJ, 5/22/08, p. 44, col. 1 (App. Div. 2 Dept.; Lifson, JP, Miller, Dillon, Eng, JJ)