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).
Separation of Powers in United States and Israel from a Perspective of the Ongoing Debates in Both C...
This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...
This course examines the latest legal and compliance developments in the artificial intelligence (AI...
U.S. businesses providing online services that are used by minors face a rapidly evolving patchwork ...
Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...
Most legal professionals are operating in survival mode whether they realize it or not. Not crisis-l...
This 60-minute session gives you a practical operating system for the mental side of legal work: how...
Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...
This program is geared towards lawyers, experts, commercial property owners, and others in the envir...
This course analyzes federal contractor obligations under the Trade Agreements Act. Learn how to ens...