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).
State attorneys general continue to play a central and increasingly aggressive role in consumer prot...
This program examines the role of psychosocial evaluations in spousal abuse-based immigration petiti...
This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...
Philip A. Greenberg, Esq., who has been a litigator in the State and Federal Courts for 52 years, ha...
Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, a...
ChatGPT is rapidly entering law firm workflows, including drafting, summarizing, brainstorming, lega...
The “Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countrie...
This course analyzes federal contractor obligations under the Trade Agreements Act. Learn how to ens...
This program will address the ethical obligations of Lawyer Advocates representing clients in arbitr...
Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, a...