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  8.  » R&E Secures Appellate Division Victory Denying Yellowstone Injunction

R&E Secures Appellate Division Victory Denying Yellowstone Injunction

Appellate Division, First Department, Decided July 16, 2020
Featuring Warren A. Estis and Norman Flitt

Rosenberg & Estis 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. 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.

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