As commercial leasing practitioners and real estate professionals know, the New York City leasing market remains extremely turbulent, as societal and market changes arising from the COVID-19 global pandemic reshape the city’s office market.
Before the pandemic, the courts had been slowly restricting the circumstances when Yellowstone relief was applicable, culminating in the New York Court of Appeals decision in 159 MP Corp. v. Redbridge Bedford, LLC, 33 N.Y.3d 353 (2019). That decision held that parties could waive injunctive relief, including a Yellowstone injunction-originally created in First Nat. Stores, Inc. v. Yellowstone Shopping Ctr., Inc., 21 N.Y.2d 630 (1968), and the most powerful weapon in a commercial tenant's arsenal to combat leasehold forfeiture-where the parties' lease expressly carved out such relief.
It is important to understand this holding, and the subsequent legislative response specifically overturning that holding through enactment of Real Property Law (RPL) § 235-h. Now, the latest post-COVID decisions, when viewed collectively with the most recent developments in statutory authority, reflect the degree to which the pendulum has swung back in favor of granting Yellowstone relief under the more traditional analytical lens originally embodied in cases such as Graubard v. 600 Third Ave., 93 N.Y.2d 508 (1999).
The program will cover the key issues for lawyer leaving government employment including the nuances...
Effective data privacy and artificial intelligence governance programs do not happen by accident. Th...
This program provides a comprehensive analysis of the Sixth Amendment Confrontation Clause as reshap...
Navigating Stress and Trauma in the Legal Profession, explores the unique challenges faced by legal ...
Part 2 - This program will continue the discussion from Part 1 focusing specifically on cross?examin...
Resilience in the Workplace, delves into the critical importance of resilience in navigating the cha...
Contracting with the Federal Government is not like a business deal between two companies or a contr...
Contracting with the Federal Government is not like a business deal between two companies or a contr...
Boundaries and Burnout: The Hidden Crisis in Law is a 60-minute California MCLE Competence Credit pr...
Review the basic software concepts and effective uses of generative AI, prompting strategies, and me...