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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.
By Alan Nochumson
Part One of a Two-Part Article
When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.
By Ira Fierstein and Michelle Palka
An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.
By Albena Petrakov
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
First Court’s Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred