Court of Appeals Puts Future of the Yellowstone Injunction in Doubt

Court of Appeals Puts Future of the Yellowstone Injunction in Doubt


By: Meyer Last, Janice Mac Avoy, Jennifer A. Yashar

In a recent decision, the New York Court of Appeals ruled by the narrowest of margins that a tenant's waiver of “declaratory judgment action[s]” in a commercial lease is an effective waiver of a tenant's right to obtain a Yellowstone injunction and not void as against public policy. 159 MP Corp. v. Redbridge Bedford, LLC, -N.E.3d -, 2019 WL 1995526 (N.Y. May 7, 2019), 2019 N.Y. Slip Op. 03526 (“159 MP”). This decision throws into doubt the viability of Yellowstone injunctions for commercial tenants.

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