Call 855-808-4530 or email GroupSales@alm.com to receive your discount on a new subscription.
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant’s right to seek a Yellowstone injunction. The first article, “Are Yellowstone Waivers Enforceable?,” NYLJ, April 10, 2014, at 4, col. 1, was written before any appellate authority existed on the issue. Our second article, “As it Turns Out, Yellowstone Waivers Are Enforceable,” 34 NY Real Estate Law Reporter 5 (April, 2018), written four years later, discussed the evolution of the law following the seminal holding in 159 MP Corp. v Redbridge Bedford, LLC, 160 AD3d 176 (2d Dept 2018). (Both prior articles were co-authored by Joshua Kopelowitz and Jeffrey Turkel.) In Redbridge, the Appellate Division Second Department, citing our article, held that parties to a commercial contract are free to limit a tenant’s ability to seek a declaratory judgment and, specifically, a Yellowstone injunction. On May 7, 2019, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, 2019 NY Slip Op 03526, affirmed the Second Department’s ruling and reasoning, thereby leaving no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Merger Doctrine Precludes Unit Owner’s Action Against Sponsor
Denial of Site Plan Upheld
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
Statute of Limitations Does Not Bar Foreclosure
Mortgage on Church Property Not Properly Authorized
Sale Contract Precludes Fraud Claim
Seller’s Representations Did Not Survive Closing
Foreclosure Action Time Barred
Mortgagor Fails to Establish Forgery
Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy
Summary Judgment Denied In Action to Set Aside a Deed for Fraud