"Yellowstone" Injunction Not Available

July 31, 2011

LVT Number: #23544

Landlord sent tenant a rent demand, seeking back rent owed. Tenant then sued landlord in State Supreme Court, seeking a "Yellowstone" injunction. This would stop landlord from starting a nonpayment proceeding in housing court until the other court ruled on whether tenant properly withheld rent based on a defective condition. The court ruled against tenant. Generally, a Yellowstone injunction can be sought only in commercial landlord-tenant cases.

Landlord sent tenant a rent demand, seeking back rent owed. Tenant then sued landlord in State Supreme Court, seeking a "Yellowstone" injunction. This would stop landlord from starting a nonpayment proceeding in housing court until the other court ruled on whether tenant properly withheld rent based on a defective condition. The court ruled against tenant. Generally, a Yellowstone injunction can be sought only in commercial landlord-tenant cases. While it can sometimes be used in a residential case, it was unavailable in nonpayment cases since the applicable law included other stay provisions.

Gabal v. 130 Diamond St LLC: Index No. 29248/10, NYLJ No. 1202500447011 (Sup. Ct. Kings; 7/1/11; Battaglia, J)

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