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).
We are at that time again. Resolution time. Or maybe they’re already nothing more than another...
The Civil RICO framework allows individuals and businesses to pursue legal action for damages from a...
MODERATED-Session 4 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over ...
Bias and discrimination continue to shape workplace dynamics, legal practice, and professional respo...
MODERATED-Part 2 of 2 - In this presentation, I will discuss strategies for cross-examining expert w...
The always idiosyncratic Nassim Taleb likes to say, “Nothing is more permanent than ‘tem...
The CLE program expands on the artistic techniques that make stories resonate, including tempo, sens...
This program examines the strategy and artistry of closing argument, positioning it as a lawyer&rsqu...
MODERATED-Session 5 of 10 - Mr. Kornblum, a highly experienced trial and litigation lawyer for over ...
The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need...