Yellowstone Expansion Post-Covid

06 Mar , 2024

To register for the upcoming live webinar, please Click Here

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).

 

To register for the upcoming live webinar, please Click Here

More Webcasts

Religion and Reasona...

Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...

Trade Secret Litigat...

This course on trade secrets litigation provides real-world best practices through all key stages of...

Freediving Through F...

Most legal professionals are operating in survival mode whether they realize it or not. Not crisis-l...

Introduction to Deri...

This program provides attorneys with a foundational understanding of derivatives and their role in m...

Recognizing and Comb...

This one-hour CLE program examines the impact of implicit and systemic bias within the legal profess...

Winning Bad Faith Cl...

This CLE course will provide critical insight to counsel for insurers facing bad faith claims on how...

Trade Agreements Act...

This course analyzes federal contractor obligations under the Trade Agreements Act. Learn how to ens...

Using Family Law Tec...

Have you felt overwhelmed by the amount of technology available to family lawyers? We'll get to know...

How to Respond to Sh...

Adverse and derogatory information often has devastating effects on a contractor's ability to win co...

Ethics Under Pressur...

Lawyers regularly communicate with clients who are angry, overwhelmed, frightened, unrealistic, or d...