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

Generative AI for Li...

Explore the transformative potential of generative AI in modern litigation. “Generative AI for...

Trade Agreements Act...

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

2026 Consumer Protec...

State attorneys general continue to play a central and increasingly aggressive role in consumer prot...

Complying with the M...

This course will provide a detailed overview of the Medicare Secondary Payer act as well as provide ...

Artificial Intellige...

Join us for Part 2 of a program tailored for attorneys seeking a better understanding of the ongoing...

Freediving Through F...

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

AI Agents in Your Fi...

AI agents and generative AI tools are rapidly entering law firm workflows, including legal research,...

Best Behavior: Effec...

This program will address the ethical obligations of Lawyer Advocates representing clients in arbitr...

Identifying and Miti...

This program provides attorneys with a practical examination of how legal, regulatory, and liability...

Dealing with Difficu...

Lawyers often work with clients, colleagues, and opposing counsel who are navigating some of the har...