Torsiello and Gil Defeat Yellowstone Application for Commercial Landlord

Madison R. Torsiello and Jason Gil successfully opposed a commercial tenant’s emergency application for a temporary restraining order and Yellowstone injunction in Nassau County Supreme Court, allowing the lease to terminate as scheduled.

The tenant sought last-minute relief to prevent termination of its lease while contesting defaults involving nearly $500,000 in claimed unpaid rent and related charges, as well as separate obligations governing casualty-insurance proceeds.

Responding on an expedited basis, Torsiello and Gil argued that the tenant had not demonstrated an ability to cure either default. The opposition highlighted the tenant’s acknowledgment that it could not presently pay the disputed arrears and its reliance on prospective operating revenue and financing. It also addressed the tenant’s admission that insurance proceeds had already been deposited and spent, without a demonstrated means of satisfying the landlord’s contractual rights concerning those funds.

On September 24, 2026, the Court denied the application without granting an interim stay. The ruling left the lease termination date undisturbed and cleared the way for the landlord to pursue a commercial holdover proceeding to recover possession.

The result removed a significant obstacle for a small commercial landlord seeking to address prolonged nonpayment and regain possession of its property.

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