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Commercial-Real-Estate-Article-201710241521In 159 MP Corp. v. Redbridge Bedford, LLC, — N.E.3d —-, 2019 WL 1995526 (N.Y.), 2019 N.Y. Slip Op. 03526, a monumental decision that was issued last week, a sharply divided (4-3) Court of Appeals ruled that a commercial tenant waives the right to seek a Yellowstone injunction where its lease contains a specific waiver provision covering “declaratory judgment actions.” For over half a century, the Yellowstone injunction has served as the commercial tenant’s most powerful sword when faced with eviction, which, at least according to the dissenting opinion in 159 MP Corp., may now be totally eviscerated.

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