Small Start-Up Obtains "Yellowstone", Avoids Eviction and is Thriving

A small start-up company had just entered its lease for the office space in the Flatiron District. The Lease, especially the rent, was an essential part of the start-up company's business plan.

Within weeks of the Lease the rental values in the Flatiron District skyrocketed. The start-up company's rent was now below market. The owner's new agent realized this and began to harass the company about its renovations to the office space.

Finally, in a determined effort to evict the start-up, the agent sent a Notice claiming several violations of the lease.

The start-up came to Himmelstein, McConnell, Gribben, Donoghue Joseph for legal help. Kevin R. McConnell and Ronald Languedoc prepared the necessary court papers for an action in Supreme Court. After reading the papers Kevin & Ron submitted and hearing Kevin at oral argument, the Court issued an injunction against the Landlord. The injunction known as a "Yellowstone" injunction stopped the landlord and the agent from taking any steps to terminate the office lease and evict the start-up.

Soon after the Yellowstone injunction issue, the lawsuit was settled. The Landlord's gave up on its eviction efforts, signed off on all the necessary permits to allow the start-up to complete its office renovations & agreed to a significant rent concession in favor of the tenant.

In part because of the legal work Kevin & Ron did to protect the lease, the start-up is operating its business so successfully it has expanded its operations to offices in Chicago.

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