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).
New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-...
The United States Constitution is one of the most influential legal documents in history, establishi...
Confidentiality Agreements (also called NDAs) are too often treated as routine. So routine, th...
This program provides trial attorneys with a thorough grounding in the three principal currency repo...
This course on trade secrets litigation provides real-world best practices through all key stages of...
Lawyers lose hundreds of billable and operational hours every year to poorly managed meetings. Unfoc...
“Is Your Voice Biometric Data? BIPA, AI and the New Era of Voiceprint Litigation” looks ...
Artificial intelligence is reshaping the strategy and economics of patent litigation, from locating ...
Perfectionism is often rewarded in the legal profession. It drives attention to detail, thorough pre...
The bar that grand jury targets face in challenging a grand jury subpoena or seeking access to a gra...