David Saxe and Danielle Lesser Author Article on Appellate Division, Second Department Decision that May Prevent Tenants from Exercising Yellowstone Rights
March 21, 2018 – The Hon. David B. Saxe, (ret.) and Danielle C. Lesser authored the article “Goodbye 'Yellowstone' Road: Is This the End of the 'Yellowstone' Doctrine?,” that appeared in the New York Law Journal on March 20, 2018. Michael Mix assisted in the drafting of the article.
The article examines 159 MP Corp. v. Redbridge Bedford, a case in which the Appellate Division, Second Department upheld the enforceability of waiver language in a commercial lease. The lease provision, which waived the tenant's right to seek declaratory relief, was construed by the Second Department to mean that the tenant gave up its right to seek a Yellowstone injunction. The Second Department decision, if upheld by the Court of Appeals, will have far reaching implications for the way leases are drafted. The decision raises important considerations for counsel for tenants and landlords when negotiating commercial leases.
Click here for a pdf of the article.
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