Landlord Can Proceed with Eviction Case

February 1, 1994

LVT Number: 8504

Tenant sued landlord to stop landlord from proceeding with an eviction case against him. Tenant asked the court for a ``Yellowstone'' injunction. The court ruled against tenant. Tenant can only get a Yellowstone injunction in a commercial landlord-tenant case if he wants a chance to correct a violation of his tenancy. In this case, landlord claimed the apartment was rented as an office to tenant. Tenant claimed he lived in the apartment. The building had two apartments and wasn't part of a horizontal multiple dwelling. So, there was nothing for tenant to correct.

Tenant sued landlord to stop landlord from proceeding with an eviction case against him. Tenant asked the court for a ``Yellowstone'' injunction. The court ruled against tenant. Tenant can only get a Yellowstone injunction in a commercial landlord-tenant case if he wants a chance to correct a violation of his tenancy. In this case, landlord claimed the apartment was rented as an office to tenant. Tenant claimed he lived in the apartment. The building had two apartments and wasn't part of a horizontal multiple dwelling. So, there was nothing for tenant to correct. And tenant repeatedly claimed he was a residential tenant. For these reasons, Yellowstone doesn't apply. Landlord can go ahead with the eviction action.

Baron v. Baer: NYLJ, p. 22, col. 1 (1/19/94) (Sup. Ct. NY; Davis, J)

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