• Features

    As It Turns Out, Yellowstone Waivers Are Enforceable

    Jeffrey Turkel and Joshua Kopelowitz

    Four years ago, 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 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 …”

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  • Columns & Departments

    Real Property Law

    No Tacking of Adverse Possession Claims
    Issues of Fact Preclude Injunction Requiring Removal of Encroachments
    Statute of Limitations Bars Foreclosure Claim
    Permission Bars Prescriptive Easement Claim

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  • Columns & Departments

    Cooperatives & Condominiums

    Questions of Fact Bar Summary Judgment in Condominium’s Claim for Improper Alterations
    Sponsor Did Not Breach Purchase Contract
    Unit Owners Did Not Have Exclusive Right to Elevator Shaft

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  • Columns & Departments

    Landlord & Tenant

    Denial of Remaining Family Member Status Upheld
    Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out
    Tenant Entitled to Succession Rights to Rent-Controlled Apartment
    Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading
    421-G Buildings Subject to Luxury Deregulation
    Incarcerated Son Note Entitled to Succession Rights

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