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).
Trial Starts Now: Winning the Final Six Months provides a comprehensive guide to the critical tasks ...
Class action litigation continues to evolve rapidly in response to an innovative plaintiffs’ b...
Most legal professionals are operating in survival mode whether they realize it or not. Not crisis-l...
AI agents — autonomous systems capable of planning, deciding, and acting independently across ...
This program addresses a gap no standard ethics CLE reaches: the psychology of what happens inside t...
Objections are among the most powerful — and most misunderstood — tools in a trial lawye...
Thinking Like a Lawyer, Prompting Like a Pro: Prompting Ethically, Securely, and Safely explores how...
The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...
During this course, you will learn about best practices and strategies for retaining intellectual pr...
Lawyers lose hundreds of billable and operational hours every year to poorly managed meetings. Unfoc...