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Wednesday, March 21, 2018

The End of Yellowstone Injunctions

The Appellate Division, Second Department, ruled on an issue of first impression in 159 MP Corp. v. Redbridge Bedford, LLC, that commercial tenants may waive declaratory judgment remedies in their written lease agreements and as such, landlords can now avoid Yellowstone injunctions through carefully crafting their lease agreements. All landlord’s counsel should include a provision in their leases mirroring the operative lease language. It would be wise for landlord’s counsel to expressly set forth broad consideration for the waiver of declaratory relief so that it is not subject to unconscionability analysis. 

Read the full article by Andrew Lieb, Esq. published in The Suffolk Lawyer here.