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

Communication, Trust...

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

Borderline Personali...

This program provides a comprehensive framework for integrating Borderline Personality Disorder (BPD...

How to Comply with t...

This follow?on CLE builds on National Security & Data Privacy: Complying with the Bulk Data...

Brand Rent and 4 Oth...

Trademark doctrine was built for a marketplace that no longer exists, leaving practitioners to litig...

White Collar Sentenc...

This program examines mitigation strategies for white-collar defendants in the post-Booker sentencin...

Federal Contractor B...

As the largest purchaser of goods and services in the world, the United States Government requires f...

The AI Trap: How Leg...

Many law firms now rely on AI?driven research, drafting, and workflow tools without fully understand...

Freediving Through F...

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

Federal Contractor R...

During this course, you will learn about best practices and strategies for retaining intellectual pr...

Artificial Intellige...

This course examines the latest legal and compliance developments in the artificial intelligence (AI...