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).
Join us for Part 2 of a program tailored for attorneys seeking a better understanding of the ongoing...
Use of artificial intelligence and other automated tools for performance and predictive analytics in...
Many law firms now rely on AI?driven research, drafting, and workflow tools without fully understand...
This program provides attorneys with a practical examination of how legal, regulatory, and liability...
Trademark doctrine was built for a marketplace that no longer exists, leaving practitioners to litig...
Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...
Over the past year, the Patent Trial and Appeal Board (PTAB) has undergone a dramatic policy shift r...
Adverse and derogatory information often has devastating effects on a contractor's ability to win co...
Workplace investigations are now more complex, high-stakes, and scrutinized than ever before. Employ...
Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...