Lease Prohibited Tenant’s Request for Declaratory Judgment

Facts: A landlord served a notice to cure on its tenant, claiming that the tenant had failed to have the space’s fire sprinklers inspected. A dispute as to responsibility for the sprinklers ensued between the landlord and tenant. The tenant asked a trial court to issue a Yellowstone injunction, which is an order in the state of New York that “tolls” the cure period so that the tenant can stay in its space while the dispute is settled.

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