Lupkin PLLC Secures New York Court of Appeals Victory, Permitting Commercial Landlords and Tenants to Include Waiver of Yellowstone Injunctions in Leases

NEW YORK, May 16, 2019 /PRNewswire/ -- In a closely-watched case of first impression, Lupkin PLLC secured a landmark 4-3 victory in the New York Court of Appeals on behalf of its client, Redbridge Bedford, LLC, a commercial landlord in trendy Williamsburg, Brooklyn.   On May 7, 2019, New York's high court issued its decision in 159 MP Corp. et al. v. Redbridge Bedford, LLC, holding that a commercial tenant's waiver of the right to seek a Yellowstone injunction, a common-law remedy that stays a tenant's cure period while a court assesses the propriety of the claimed lease defaults, is valid and consistent with New York's public policy.  Writing for the majority, Chief Judge Janet DiFiore observed that the "waiver is clear and unambiguous, was adopted by sophisticated parties negotiating at arm's length, and does not violate the type of public policy interest that would outweigh the strong public policy in favor of freedom of contract." 

"I am tremendously gratified that New York's highest court has reaffirmed the centrality of freedom of contract in transactions between sophisticated commercial parties, allowing them to custom-tailor the parameters of their relationship," commented Jonathan D. Lupkin, lead counsel to Redbridge Bedford on the appeal.

About LUPKIN PLLC

LUPKIN PLLC, is a leading New York commercial litigation boutique that specializes in complex litigation in New York's trial-level and appellate courts.

Media Contact:

Jonathan D. Lupkin, Esq.
LUPKIN PLLC
Telephone: (646) 367-2771
Email:    [email protected] 
Web:     www.lupkinpllc.com 

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