Lundy's Management Corp. v Sheepshead Restaurant Associates Inc.

Rosenberg & Estis, P.C. successfully represented the plaintiff, Lundy's Management in persuading the court to reinstate a Yellowstone injunction, protecting Lundy's net lease. In this Supreme Court action, Brett Theis, a partner at Rosenberg & Estis, P.C., substituted in as Lundy's counsel of record after Lundy's had lost the protections of a Yellowstone injunction previously granted by Supreme Court and after the landlord purported to terminate Lundy's 49 year lease and commenced summary proceedings in Civil Court to evict.

Citing Lundy's substantial equitable interest in the property, including a multimillion dollar transformation of vacant and dilapidated structures to fully occupied buildings, Theis, in his first appearance as counsel for Lundy's, successfully persuaded Supreme Court Justice Carolyn Demarest to reinstate the Yellowstone injunction, nunc pro tunc, a year after those protections had expired, such that there was effectively no lapse in the Yellowstone injunction.

Theis was able to further protect his client's net lease by convincing the Supreme Court to remove the previously commenced eviction proceedings from civil court and to consolidate it with the Supreme Court Yellowstone action.

This was a tremendous victory for the client and an extraordinary remedy granted by the Court to prevent the forfeiture of our client's substantial equity and improvements.

(Supreme Court, New York County, Civil Court, Decided 09/23/15)
(Rosenberg & Estis, P.C. Team: Brett B. Theis )