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October 02, 2018 | New York Law Journal

Nonpayment Proceedings: The “Stale Rent” Defense

In their Landlord/Tenant column, Warren Estis and Michael Feinstein discuss Webster Ave. Holdings v. Pough, a case which “stands as a reminder that landlords must be diligent in enforcing their rights under the lease to collect rent arrears, and that delays in commencing a proceeding could provide the tenant with a “stale rent” defense.”
6 minute read
September 04, 2018 | New York Law Journal

Apartment Transfers: Can Tenants Take Their Status With Them?

Sometimes a landlord and a tenant agree that the tenant will move from one apartment in a building to another. In their Landlord-Tenant column, Warren Estis and Jeffrey Turkel examine the questions: (1) If the tenant is rent controlled, can she take that status with her, even though the new apartment cannot be rent controlled by law? And, (2) if the tenant is stabilized and moves into a deregulated unit, has he forfeited his stabilized status?
7 minute read
August 07, 2018 | Litigation Daily

Daily Dicta: This Big Law Firm Is the (Unlikely) PR Champ of the Day

Here's a fun experiment: Four big law firms and two smaller ones on Monday could all legitimately claim a win in a billion-dollar antitrust suit. But who was quickest out of the gate to tout the shared victory?
7 minute read
July 31, 2018 | New York Law Journal

Termination Notices Must Contain Sufficient Facts

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent Kings County decision 'BEC Continuum Owners v. Taylor,' where the adequacy of a termination notice was at issue.
1 minute read
June 22, 2018 | New York Law Journal

Proposed Rent Regulatory Amendments Seek to Shift Balance of Power Toward Tenants

A discussion of three proposals introduced by tenant advocates in the New York State Legislature: the Urstadt Law, limits on MCI rent increases, and the elimination of high rent vacancy deregulation. These proposals, and others to come, will be debated in Albany next year when the rent laws come up for renewal.
2 minute read
June 05, 2018 | New York Law Journal

Nonpayment Cases: Petition May Be Amended To Include Post-Petition Rent

In their Landlord-Tenant law column, Warren A. Estis and Michael E. Feinstein write: 187th St. Bronx LLC v. Hizan Deli clarified that in a summary nonpayment proceeding, it is proper for the court, absent a showing of prejudice or surprise, to permit the landlord to amend the petition to include the unpaid rent which accrued subsequent to the filing of the petition, without having to serve a new rent demand. Given that the purpose of summary proceedings is to expeditiously resolve landlord-tenant disputes, this is a logical and appropriate result.
1 minute read
May 09, 2018 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the landlord-tenant case “West Village Houses Renters Union v. WVH Housing Development Fund,” and the environmental law case “U.S. v. Whitehill.”
9 minute read
May 02, 2018 | New York Law Journal

Judge Enters $24M Award Against Commercial Tenant Over 'Frivolous' Delays in Lease Dispute

A Manhattan state court judge has awarded $24 million to a landlord in a lease dispute with a commercial tenant who switched lawyers four times over 16 months of litigation and upbraided the tenant for apparently trying to delay the case with numerous bankruptcy filings.
4 minute read
May 01, 2018 | New York Law Journal

R.I.P. 'Altman'

In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel, the attorney who successfully argued 'Altman v. 285 West Fourth LLC' in the Court of Appeals on behalf of the landlord, discuss the landmark case, which restored the pre-Altman state of the law and reversed a 2015 decision that effectively re-regulated thousands of deregulated apartments.
7 minute read
April 03, 2018 | New York Law Journal

In 'Redbridge,' Court Allows Waiver of Right to Seek Yellowstone Relief

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss 159 MP Corp. v. Redbridge Bedford, a "milestone decision" where Second Department held that a commercial tenant may waive its right to seek 'Yellowstone' relief.
6 minute read

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