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).
The Aftermath of Scams and Cybercrime: A Practical Guide to Response and Recovery examines the immed...
The practice of law places legal professionals under extraordinary and often chronic stress, making ...
Data privacy remains one of the most rapid areas of growth in the class action space. Plaintiffs con...
"Artificial Intelligence and the Practice of Law" (updated through 2026), is a 50-slide primer desig...
The Twelfth Juror: Lessons on Jury Selection from a Trial Lawyer’s Novel and a Trial Consultan...
This program provides a practical roadmap to mastering every stage of the discovery process in civil...
Class action waivers in arbitration agreements remain enforceable, but a decade of U.S. Supreme Cour...
This presentation provides a basic overview of AI governance in the United States for in-house attor...
Perfectionism is often rewarded in the legal profession. It drives attention to detail, thorough pre...
Class action litigation continues to expand in both number of filings and monetary exposure, with se...