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As It Turns Out, <i>Yellowstone</i> Waivers Are Enforceable

Four years ago, we explored whether a commercial tenant could waive its common law right to seek a <i>Yellowstone</i> 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 <i>159 MP Corp., v Redbridge Bedford, LLC</i> 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 …”

6 minute read April 01, 2018 at 12:09 AM
By
Jeffrey Turkel and Joshua Kopelowitz
As It Turns Out, <i>Yellowstone</i> Waivers Are Enforceable

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.

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