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In an earlier article, Are Yellowstone Waivers Enforceable?, New York Law Journal, April 10, 2014, at 4, col. 1, we explored whether a commercial tenant could waive its common law right to seek a Yellowstone Injunction. At that time, there was no appellate authority directly on point. This all changed on Jan. 31, 2018, when the Appellate Division, Second Department ruled in 159 MP Corp., v Redbridge Bedford, LLC, 2018 WL 635946, 1 (2d Dept 2018) that the “commercial tenants’ voluntary and limited waiver of declaratory judgment remedies in their written lease is valid and enforceable, and not violative of New York’s public policy …”
By Timothy Hill
In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.
Neighborhood Garden Users May Establish Adverse Possession Claim
Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period
Law Firm Not Liable to Non-Client for Turnover of Escrow Funds
Law Firm Not Exempt From Claim Under RPL 265-B
Presumption of Due Execution Rebutted
Title Insurance Regulation Annulled
City Not Estopped to Object to Nonconforming Building
Lawyer Advertising Billboards Not Treated As Onsite Advertisements
Town Not Obligated to Consider Zoning Amendment
East Harlem Rezoning Upheld
Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases
Unlawful Entry and Detained Proceeding Requires Proof of Possession