Westchester County Business Journal
By: Jack Malley

A recent decision by the Appellate Division, second department, in Goldcrest Realty Co. v. 61 Bronx River Road Owners Inc. has made it clear that in Westchester attempts to terminate a residential tenant’s lease may be enjoined by the order known as a “Yellowstone Injunction” until a lawsuit between the tenant and landlord determines whether the tenant is in default of his lease obligations.

This is significant because the test for obtaining such an injunction, which is typically issued with respect to commercial leases, is less onerous than the usual test for the issuance of an injunction under Article 63 of the New York Civil Practice Law Rules