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 examines the complex intersection of criminal convictions and immigration law under the...
The “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countrie...
The Protections and Limits of the First Amendment when it comes to Expressive Conduct. This PowerPoi...
This program, conducted by a seasoned litigation and trial lawyer, will emphasize what litigators ca...
The Fair Debt Collection Practices Act (FDCPA) remains one of the most important consumer protection...
This program provides attorneys with a comprehensive framework for incorporating psychosocial evalua...
This program examines mitigation strategies for white-collar defendants in the post-Booker sentencin...
Prior to the Supreme Court’s 2023 affirmative action decision, some predicted that this ruling...
This program introduces psychosocial evaluations as a valuable tool in civil litigation, particularl...
State attorneys general continue to play a central and increasingly aggressive role in consumer prot...