NY Statute (2019) Prohibiting Lease Provisions Waiving the Right to Bring a Declaratory Judgment Actions Held Not Retroactive

As noted by the Supreme Court, Kings County, the issuance of a Yellowstone injunction must be predicated on an action for a declaratory judgment. Leases entered into in 2010 provided that the tenants waived the right to bring declaratory judgment actions with respect to any lease provision or any notice sent pursuant to the leases. Based on that waiver, the tenants’ motion for a Yellowstone injunction was denied. In 2019, the Court of Appeals, in 159 MP Corp v. Redbridge Bedford, LLC (33 NY3d 353), affirmed the ruling of the Appellate Division, Second Department, holding the waiver in these leases was enforceable.