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).
AI tools are advancing faster than legal organizations can absorb them. This program examines why th...
"Artificial Intelligence and the Practice of Law" (updated through 2026), is a 50-slide primer desig...
The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...
Class action litigation continues to expand in both number of filings and monetary exposure, with se...
AI agents — autonomous systems capable of planning, deciding, and acting independently across ...
This program will discuss how to design and implement legally sound diversity, equity, and inclusion...
Adverse and derogatory information often has devastating effects on a contractor's ability to win co...
During this course, you will learn about best practices and strategies for retaining intellectual pr...
Objections are among the most powerful — and most misunderstood — tools in a trial lawye...
If there is one word we continue to hear more than any other term as we continue to navigate through...