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

Pre-Trial Discovery ...

For at least the last half-century, the success or failure of most litigations is determined by how ...

When the Attorney Be...

This program addresses a gap no standard ethics CLE reaches: the psychology of what happens inside t...

Federal Contractor R...

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

Thinking Like a Lawy...

Thinking Like a Lawyer, Prompting Like a Pro: Prompting Ethically, Securely, and Safely explores how...

Religion and Reasona...

Discussion of religion and reasonable accommodation in the workplace. Thanks to the United States Su...

Culture Repair™: W...

When the investigation concludes, the discipline is issued, and the file is closed, most organizatio...

Beyond the Bargainin...

Modern mediation increasingly brings together parties, counsel, and neutrals across a broad range of...

Open Source AI: The ...

Open-source AI models have gone from niche developer tools to enterprise essentials almost overnight...

Artificial Intellige...

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

Disorder in The Cour...

Abrasive or burned out? Overworked or uncivil? Zealous advocate or bully? The legal profession is c...