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

Advanced Negotiation...

Advanced Negotiation Strategies for Lawyers explores the psychology and strategy behind successful l...

Open Source AI: The ...

Open-source AI models have gone from niche developer tools to enterprise essentials almost overnight...

Trial Starts Now: Wi...

Trial Starts Now: Winning the Final Six Months provides a comprehensive guide to the critical tasks ...

Discovery: Practical...

This program provides a practical roadmap to mastering every stage of the discovery process in civil...

Culture Repair™: W...

When the investigation concludes, the discipline is issued, and the file is closed, most organizatio...

Not for the Faint of...

Section 337 provides powerful, efficient and rapid remedies for a wide range of unfair methods of co...

Disorder in The Cour...

Abrasive or burned out? Overworked or uncivil? Zealous advocate or bully? The legal profession is c...

“It’s the Time o...

In 1968, English rock band The Zombies released their psychedelic counterculture anthem, “Time...

Mastering the Inner ...

Every trial lawyer has experienced it: the inner critic before opening statements, the surge of ange...

Evidence in Action: ...

Objections are among the most powerful — and most misunderstood — tools in a trial lawye...