Brooklyn Boro

SKETCHES OF COURT: Lucky Star seeks Yellowstone injunction

July 21, 2014 By Alba Acevedo Brooklyn Daily Eagle
Hon. Carolyn Demarest listens as plaintiff’s attorney Perry Ian Tischler (far left), conducts a direct examination

In this courtroom sketch, Hon. Carolyn Demarest listens as the plaintiff’s attorney, Perry Ian Tischler (far left), conducts a direct examination during an order to show cause appearance last week in Kings County Civil Term. Witness Jimmy Wu (seated, left) is the commercial leaseholder for the wholesale distributor of party supplies in the case of Lucky Star Party Inc v. Bogart Holdings LLC. The defendant landlord issued a notice to cure and the plaintiff tenant seeks what both parties referred to as a Yellowstone injunction, to prevent premature termination of the lease and to toll the cure period, given the intention to remedy the defaults. 

The defendant, represented by David Brody (standing, center), and Jason Frosch (seated, right) of the law firm Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., alleges building violations that include installation of partitions and a showroom, as well as the existence of a wooden mezzanine structure and the location of a loading dock. Lucky Star’s lease was in effect when Bogart Holdings purchased the Brooklyn property in 2012, and there are six years remaining. 

The case has been adjourned until September. The Yellowstone injunction references a landmark case entitled First Nat. Stores Inc. v. Yellowstone Shopping Center, 21 NY2d 630 (1968). 

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