Yellowstone Injunctions: The Legal Power Move Your Board Needs to Know

Legal Talk for Co-ops and Condos

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When a commercial tenant becomes problematic — whether falling behind in rent, not performing repairs or some other infraction of their lease — co-op and condo boards need to act. In this episode Moshe Bobker, partner at Tane Waterman & Wurtzel, explains what the Yellowstone Injunction is and how this critical legal tool can both protect and challenge commercial tenants in NYC buildings. Learn how this Supreme Court proceeding works, when it applies, and most importantly, how boards can strategically use it to their advantage when dealing with problematic commercial tenants.

Key highlights:

• The four essential elements required for a Yellowstone Injunction
• Why timing is crucial: tenants must file before the cure period expires
• Strategic considerations for boards choosing between non-payment proceedings and holdover cases
• Common resolution paths, from early negotiation to full litigation
• Expert tips for boards to maintain leverage in commercial tenant disputes

Whether you're currently facing commercial tenant issues or want to be prepared for future challenges, this episode provides valuable insights for protecting your building's interests. Habitat's Emily Myers conducts the interview.

The business of running a building is demanding work that requires making endless decisions — some that can quickly lead your board into a quagmire of legal difficulties. Legal Talk interviews New York's leading co-op/condo attorneys to find solutions, and get some guidance, on these challenges. For more co-op and condo insights, sign up to receive Habitat's free newsletters or become a Habitat subscriber today!