The Cuddy & Feder team of Joshua Kimerling, Jordan Brooks, and Leanne Shofi recently won another Yellowstone injunction application after acting swiftly to protect a telecommunications tower owner’s valuable commercial lease from potential termination. Yellowstone injunctions safeguard commercial leases by preventing landlords from terminating a commercial lease after a Notice of Default is served, so long as the injunction is sought prior to expiration of the cure period. A Yellowstone injunction tolls the cure period while the court determines whether breaches have occurred. Cuddy & Feder secured protection for its client by establishing all the required aspects for a Yellowstone injunction; specifically, that the tenant was a party to a commercial lease, that it received a notice of default, that it moved for a Yellowstone injunction prior to termination of the lease and prior to the expiration of the cure period, and that the tenant was prepared and able to cure the defaults to the extent they were found to exist.
Cuddy & Feder’s litigation team regularly represents tenants and landlords in commercial lease disputes, offering strategies carefully tailored to clients’ business objectives.