Order to Show Cause Seeking a Yellowstone Injunction (New York)

The legal template titled "Order to Show Cause Seeking a Yellowstone Injunction (New York)" is a document designed to assist attorneys or parties involved in a legal dispute in New York who seek to obtain a Yellowstone injunction.

A Yellowstone injunction is a special type of injunction specific to New York State that is commonly used in commercial lease disputes. It gets its name from a landmark case, First National Stores v. Yellowstone Shopping Center, where the injunction was first granted.

This template helps guide the drafting of an application to secure a Yellowstone injunction. It typically includes a heading identifying the court and the parties involved in the litigation. The document then outlines the purpose and objectives of the order, which is to maintain the status quo and prevent the defendant from terminating the lease agreement, taking any action that would terminate the lessee's rights or remedies, or interfering with the lessee's ability to cure any alleged default.

The template generally includes the following sections:

1. Background: This section provides a brief overview of the history of the lease agreement and the current dispute between the parties.

2. Legal Basis for Relief: It outlines the legal grounds on which the party seeking the injunction believes they are entitled to relief, including relevant statutes, case law, and contractual provisions.

3. Request for Relief: This section specifies the exact relief the party is seeking through the Yellowstone injunction, such as a temporary restraining order preventing the defendant from initiating eviction proceedings or taking any actions that would terminate the lease while the dispute is being resolved.

4. Supporting Affidavits: The template may also include suggestions for supporting affidavits of the party or the party's attorney, which will help persuade the court to grant the requested relief.

5. Proposed Order: The template will often conclude with a proposed order that the party seeking the injunction would like the court to grant.

It is important to note that this template is meant to be customized and adapted to fit the specific facts, circumstances, and requirements of each case. Legal advice or consultation with an attorney is recommended to ensure the document accurately reflects the desired relief and conforms to the relevant laws and court rules.