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

AI and Legal Ethics...

AI is impacting virtually every corner of practicing law. Increasing AI usage has revealed myriad ri...

VAWA Petitions: Psyc...

This program examines the role of psychosocial evaluations in spousal abuse-based immigration petiti...

Vibecoding for Lawye...

This program provides attorneys with a practical and ethical framework for understanding and respons...

Navigating Governmen...

Contracting with the Federal Government is not like a business deal between two companies or a contr...

Electronic Informati...

Electronic information is a common feature of criminal investigations and prosecutions, both federal...

Litigation Strategie...

This program is geared towards lawyers, experts, commercial property owners, and others in the envir...

Aligning Your Legal ...

Aligning Your Legal Career with Your Values, explores the profound impact of values alignment on ind...

Resilience in the Wo...

Resilience in the Workplace, delves into the critical importance of resilience in navigating the cha...

Borderline Personali...

This program provides a comprehensive framework for integrating Borderline Personality Disorder (BPD...

High-Stakes Negotiat...

Negotiations impact almost every aspect of your life when you have to deal with other people, be the...