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).
Decentralized Autonomous Organizations (DAOs) and other digital-native structures have moved from ni...
This 60-minute session gives you a practical operating system for the mental side of legal work: how...
AI agents — autonomous systems capable of planning, deciding, and acting independently across ...
In 1968, English rock band The Zombies released their psychedelic counterculture anthem, “Time...
Objections are among the most powerful — and most misunderstood — tools in a trial lawye...
Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...
Lawyers regularly communicate with clients who are angry, overwhelmed, frightened, unrealistic, or d...
This course on trade secrets litigation provides real-world best practices through all key stages of...
Most legal professionals are operating in survival mode whether they realize it or not. Not crisis-l...
Abrasive or burned out? Overworked or uncivil? Zealous advocate or bully? The legal profession is c...