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 Governance in the...

AI, an innovative technology that was once a supporting act for digital transformation, business str...

Aligning Your Legal ...

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

Ethical Obligations ...

Disasters, whether natural or manmade, happen. Disasters can impact the practice of law and, among o...

A Lawyer’s Guide T...

‘A Lawyer’s Guide To Mental Fitness’ is a seminar designed to equip professionals ...

Criminal Mitigation ...

This program provides a comprehensive and practice-oriented framework for integrating criminal mitig...

Competency in Immigr...

This program provides immigration attorneys with an in-depth understanding of competency issues in r...

Generative AI for Li...

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

Freediving Through F...

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

Resilience in the Wo...

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

The Bulk Sensitive D...

The “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countrie...