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

Freedom of Informati...

During this course, we will go over your rights under the Freedom of Information Act (FOIA) and Priv...

Whistleblowing, Tax ...

Whistleblowing, Tax Fraud, and Government Gatekeeping is a one-hour continuing legal education cours...

Using Family Law Tec...

Have you felt overwhelmed by the amount of technology available to family lawyers? We'll get to know...

Communication, Trust...

Effective representation depends on trust, communication, and responsiveness, yet these can break do...

Cybersecurity Compli...

This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...

Effective Advocacy i...

Philip A. Greenberg, Esq., who has been a litigator in the State and Federal Courts for 52 years, ha...

Freediving Through F...

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

Protecting Kids Onli...

U.S. businesses providing online services that are used by minors face a rapidly evolving patchwork ...

Recognizing and Comb...

This one-hour CLE program examines the impact of implicit and systemic bias within the legal profess...

Trade Agreements Act...

This course analyzes federal contractor obligations under the Trade Agreements Act. Learn how to ens...