Rosenberg & Estis, P.C., Secures Appellate Division Victory Denying Yellowstone Injunction

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For Immediate Release

PRESS CONTACT:
Shea Communications, LLC
George Shea, Mark Faris (212) 627-5766

Rosenberg & Estis, P.C. has secured a victory in the Appellate Division, First Department, of State Supreme Court on behalf of 35 West Realty Co., LLC. The Appellate Division unanimously affirmed State Supreme Court Judge Andrew S. Borrok’s order denying plaintiff’s motion for a Yellowstone Injunction in a case regarding failure to carry adequate insurance.

Warren A. Estis, Norman Flitt and Michael E. Feinstein, members of Rosenberg & Estis, represented 35 West Realty Co. LLC at the State Supreme Court and at the Appellate Division.

In the underlying case, the property owner took action against the tenant, Booston LLC, for failure to carry the insurance required by the lease. The tenant failed to cure and the lower court denied the tenant’s application for a Yellowstone Injunction, leading to the appeal.

"This order reinforces property owner rights in cases when tenants default on insurance requirements under the lease," said Estis. "Tenants have limited ability to cure insurance defaults, providing property owners a clear avenue to lease enforcement."

This decision follows several other recent high-profile litigation results by the firm, including the New York State Court of Appeals ruling that Part F of the Housing Stability and Tenant Protection Act of 2019 may not be applied retroactively to rent overcharge cases. The firm also secured a major court victory against Amazon on behalf of The Durst Organization, obtained a unanimous dismissal of a multi-million dollar damages claim, won a critical case on a rent overcharge case, and a variety of other cases with industry-wide significance.