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).
This program addresses a gap no standard ethics CLE reaches: the psychology of what happens inside t...
Estate planning for LGBTQ+ clients and families formed through assisted reproductive technology requ...
Thinking Like a Lawyer, Prompting Like a Pro: Prompting Ethically, Securely, and Safely explores how...
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...
Abrasive or burned out? Overworked or uncivil? Zealous advocate or bully? The legal profession is c...
Section 337 provides powerful, efficient and rapid remedies for a wide range of unfair methods of co...
Advanced Negotiation Strategies for Lawyers explores the psychology and strategy behind successful l...
This course on trade secrets litigation provides real-world best practices through all key stages of...
This program provides a practical roadmap to mastering every stage of the discovery process in civil...