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).
Cybercriminals increasingly target law firms, attorneys, legal staff, and their clients through soph...
Lawyers regularly communicate with clients who are angry, overwhelmed, frightened, unrealistic, or d...
AI agents — autonomous systems capable of planning, deciding, and acting independently across ...
Section 337 provides powerful, efficient and rapid remedies for a wide range of unfair methods of co...
Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...
In 1968, English rock band The Zombies released their psychedelic counterculture anthem, “Time...
Every trial lawyer has experienced it: the inner critic before opening statements, the surge of ange...
Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...
Have you felt overwhelmed by the amount of technology available to family lawyers? We'll get to know...
During this course, we will go over your rights under the Freedom of Information Act (FOIA) and Priv...