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).
Adverse and derogatory information often has devastating effects on a contractor's ability to win co...
This 60-minute session gives you a practical operating system for the mental side of legal work: how...
This dynamic CLE presentation challenges trial lawyers to rethink everything they were taught about ...
This course on trade secrets litigation provides real-world best practices through all key stages of...
This program provides attorneys with a foundational understanding of derivatives and their role in m...
During this course, we will go over your rights under the Freedom of Information Act (FOIA) and Priv...
This one-hour CLE program examines the impact of implicit and systemic bias within the legal profess...
This course analyzes federal contractor cyber security obligations under the Federal Acquisition Reg...
This course examines the latest legal and compliance developments in the artificial intelligence (AI...
As the largest purchaser of goods and services in the world, the United States Government requires f...