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).
"I think he drinks too much - but he's my boss!" "She's the firm's rainmaker, but something isn't r...
The always idiosyncratic Nassim Taleb likes to say, “Nothing is more permanent than ‘tem...
Attorneys have begun to experience what can happen when safe, ethical and legal use of AI is not ado...
Food, sex, exercise – all may involve a variety of commonly enjoyed experiences that are healt...
As the Holiday Season is upon us, the widely known “12 Days of Christmas” comes to mind ...
Leaving federal government employment for the private or nonprofit sector raises important ethics is...
Decision making capacity and professional responsibility should be at the top of every attorney's li...
Explore the transformative potential of generative AI in modern litigation. “Generative AI for...
Session 10 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years,...
This one-hour program will look at the key differences in policies available in the marketplace, dif...