Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Waiving the Right to <i>Yellowstone</i> 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, 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.
The 159 MP Corp. decision is not without controversy, as in certain circumstances it might leave some tenants in limbo, not knowing their rights and responsibilities yet unable to seek clarification from the courts. Commercial landlords and tenants negotiating leases need to understand 159 MP Corp. and proceed with caution — or with abandon, as the case may be.
The Yellowstone Injunction, Explained
In Yellowstone, a case decided 50 years ago, the landlord, in accordance with the terms of the lease, presented the tenant with a notice to cure that gave it 10 days to come into compliance, after which the landlord could enter and evict. The “cure” required was the installation of a sprinkler system that the fire department had ordered installed. The tenant believed that it was the landlord's responsibility to install the sprinkler system, so instituted a declaratory judgment action to settle that question. The tenant later also asked for an injunction prohibiting the landlord from evicting, but did not ask for a TRO. The 10 days allowed for cure passed as all of this was transpiring and the landlord moved to evict the tenant. The court thereafter declined to assert jurisdiction over the matter.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.