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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.
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Guarantor Liability for Post-Window-Period Rent
By Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
By New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
By New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
By New York Real Estate Law Reporter Staff
Boathouse Not an Impermissible Second Dwelling
Reduction In Size Did Not Alter Nonconforming Use Status
Local Ordinance Did Not Prohibit Short-Term Rentals