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Commercial Litigation Landlord Tenant Law Litigation

Waiving the Right to Yellowstone Injunctive Relief

In a case of first impression, and after it decided public policy would not be offended, New York’s Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a Yellowstone injunction in 159 MP Corp. v. Redbridge Bedford,

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In a case of first impression, and after it decided public policy would not be offended, New York’s Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a Yellowstone injunction in 159 MP Corp. v. Redbridge Bedford, 160 A.D.3d 176 (N.Y. App. Div., 2nd Dep’t, 1/31/18). A Yellowstone injunction is derived from the 1968 New York high court case of First National Stores v. Yellowstone Shopping Center, 21 N.Y.2d 630, and it is actually a temporary restraining order (TRO) that preserves the status quo, preventing the landlord from evicting the tenant during the pendency of judicial proceedings concerning the underlying issues between the parties.

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