This decision involved an appeal by plaintiff commercial tenants (tenants), in an action for, inter alia, a judgment declaring that two long term “commercial leases are in full force and effect and that the [tenants] are not in violation of their obligations under the leases.” A trial court had “denied their motion for a Yellowstone injunction…and granted the [landlord’s] cross motion for summary judgment dismissing the complaint.”

This appeal raised “an issue of first impression in the appellate courts of New York….” The salient issue was “whether written leases negotiated at arm’s length by commercial tenants may include a waiver of the right to declarative relief that is enforceable at law or, alternatively, whether such a waiver is void and unenforceable as a matter of public policy.” The Appellate Division (court) held that based on the facts of this case, “the…tenants’ voluntary and limited waiver of declaratory judgment remedies in their…leases is valid and enforceable, and not violative of New York’s public policy, particularly as the tenants…did not waive other available legal remedies.”

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