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

When the Court Uses ...

Most lawyers are aware of the high-profile cases in which attorneys were sanctioned or otherwise dis...

Corporate Counsel’...

Class action litigation continues to expand in both number of filings and monetary exposure, with se...

Defense Strategies f...

Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...

Currency Reporting i...

This program provides trial attorneys with a thorough grounding in the three principal currency repo...

How to Fix the U.S. ...

The United States Constitution is one of the most influential legal documents in history, establishi...

Restoring Second Rig...

During this course you will learn about the Federal Firearm Rights Restoration program and the Feder...

Trade Secret Litigat...

This course on trade secrets litigation provides real-world best practices through all key stages of...

Conducting an Intern...

Conducting an internal investigation that is incisive, effective and legally compliant is tough enou...

Preventing Death by ...

Lawyers lose hundreds of billable and operational hours every year to poorly managed meetings. Unfoc...

How To Win Bid Prote...

During this course you will take a deep dive into federal bid protest litigation at the U.S. Court o...