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

Shareholder Disputes...

This presentation provides an in-depth analysis of various mechanisms for resolving shareholder disp...

Permission to Pivot:...

Permission to Pivot: Ethics, Well-Being, and Redefining Your Legal Career examines the intersection ...

When the Love is Gon...

This presentation addresses the unique challenges of shareholder disputes in small businesses, often...

BSA Important Issues...

The Bank Secrecy Act (BSA) is a US law that fights money laundering and other financial crimes. BSA ...

Intervention Strateg...

With the alarming prevalence of substance use and mental health disorders in the legal profession, i...

Piercing the LLC Vei...

This session will provide an in-depth exploration of the legal doctrine of veil piercing as it appli...

Master Trial Series ...

Session 10 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over 50 years,...

Navigating Stormy Pa...

As lawyers it’s easy to get myopic and wrapped up in the chaos, mechanics and technicalities o...

Command and Influenc...

In this seminar, we explore how attorneys can take command of difficult negotiations by blending str...

AI on Trial – How ...

This program provides practical guidance for trial attorneys on how artificial intelligence can be l...