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May 31, 2022 | New York Law Journal

Force Majeure Clauses in Commercial Leases: Recent Appellate Developments

In recent weeks, the Appellate Division, First Department has twice considered the issue of whether a force majeure clause can excuse the obligation to pay rent under a commercial lease. In their Landlord-Tenant column, Gary Rosenberg and Alexander Lycoyannis discuss these cases.
7 minute read
May 03, 2022 | New York Law Journal

Demolition Applications

In First NY, LLC v. New York State Div. of Hous. & Community Renewal, Justice Carol Edmead affirmed a DHCR order that denied the landlord's demolition application on the ground that the landlord had failed to provide documentation as to its plans for the site following the demolition. This article will examine this case as well as an earlier decision by Justice Debra James in 118 Duane LLC v. New York State Div. of Homes & Community Renewal dealing with the subject of demolition applications.
8 minute read
April 14, 2022 | New York Law Journal

Warren Estis, Known as Tenacious Landlord-Tenant Litigator, Dead at 73

Warren Estis, a titan of New York's real estate bar and a founding member of Rosenberg & Estis who was a longtime Law Journal columnist, has…
5 minute read
April 05, 2022 | New York Law Journal

The 'COVID Defenses': An Appellate Update

In their June, 2021 Landlord-Tenant column, Warren Estis and Alexander Lycoyannis predicted that as "New York proceeds slowly but surely toward a semblance of pre-pandemic normalcy…the era of COVID-related defenses to commercial rent nonpayment may soon become a thing of the past." In this column, they discuss two recent rulings from the Appellate Division, First Department which bear directly on the issue.
6 minute read
March 25, 2022 | New York Law Journal

Need To Protect Your Neighbor's Property? It's Going To Cost You.

On February 15th, the First Department issued a decision in 'In the Matter of Panasia Estate v. 29 West 19 Condominium', which confirmed that, although not expressly stated, RPAPL §881 authorizes courts to award license fees, attorney fees, or engineering or other design professional fees.
7 minute read
March 01, 2022 | New York Law Journal

HSTPA and Luxury Deregulation

On Feb. 24 of this year, the First Department, in '160 E. 84th St. Assoc. v. New York State Div. of Hous. & Community Renewal,' answered the question of whether an apartment is deemed "lawfully deregulated" on the date of the deregulation order, or on the later expiration date of the lease in effect. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss the issue.
8 minute read
February 01, 2022 | New York Law Journal

The 'Good Cause Eviction' Bill: A Proposal Under Consideration

In their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis review and analyze Senate Bill S3082, also known as the "Good Cause Eviction" bill currently under proposal in Albany which could impact free-market housing accommodations in New York State.
7 minute read
January 18, 2022 | New York Law Journal

'Protracted, Scorched Earth Discovery': Judge Awards $700K to Attorneys for Law Firm in Suit Against Landlord

The fees were generated from a case that a Manhattan judge said should have been solved by the parties and not in the courts.
4 minute read
January 04, 2022 | New York Law Journal

Tribunals Split on Effect of Post-'Roberts' Conduct

In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the questions left open after Roberts v. Tishman Speyer where the Court of Appeals held that apartments in J-51 buildings could not be luxury deregulated while J-51 benefits remained in effect, and how the First Department, Second Department, and DHCR have all answered these questions differently.
7 minute read
November 30, 2021 | New York Law Journal

Could NYC's Guaranty Law Be Struck Down as Unconstitutional?

Warren A. Estis and Alexander Lycoyannis discuss 'Melendez v. City of New York,' where a group of New York City owners commenced n district court action for a judgment declaring the Guaranty Law unconstitutional and for an injunction permanently enjoining its enforcement.
8 minute read

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