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Articles

  • August 3, 2021 | New York Law Journal

    Leasing to Cannabis Businesses

    In their Landlord-Tenant Law column, Warren Estis and Alexander Lycoyannis discuss the legal obstacles (and potential solutions) for owners leasing to cannabis retailers in New York.

    8 minute read

  • July 6, 2021 | New York Law Journal

    When Is a Rent Registration 'Proper'?

    RSL §26-517(e) states that the "failure to file a proper and timely initial or annual registration statement shall, until such time as a proper registrations filed," freeze the stabilized rent. The courts have established a general rule as to when a registration is deemed proper, and have also established an exception to that rule. In their Rent Stabilization column, Warren Estis and Jeff Turkel examine the rule and its exception.

    7 minute read

  • June 1, 2021 | New York Law Journal

    Is It the Beginning of the End of the "COVID Defenses?"

    As New York proceeds slowly toward a semblance of pre-pandemic normalcy, the decision in 'A/R Retail LLC v Hugo Boss Retail' signals that the era of COVID-related defenses to commercial rent nonpayment may soon become a thing of the past.

    1 minute read

  • Leagem Partners LLC v. Gallimore

    Publication Date: 2021-05-21
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Civil Court, Queens
    Judge: Judge Clifton Nembhard
    Attorneys: For plaintiff: Attorney Michael Carr, member, and Justin Weitzman, associate, of Rosenberg & Estis represented Leagem Partners LLC, the owner of 119-20 Union Turnpike.
    for defendant: The Respondents: sisters Eva Gallimore and Esther Gallimore and two unnamed occupants, represented themselves.

    Case Number: 301638/21

    Owner Unlawfully Deprived of Possession of Premises, Granted Final Judgment of Possession

  • May 4, 2021 | New York Law Journal

    'Regina'—The Landmark Ruling, One Year Later

    More than a year has passed since the Court of Appeals' ruling in Regina Metro. Co. v. NYSDHCR and the First Department has since issued various decisions interpreting the scope of the decision. In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss two lines of cases, both relating to the issue of fraud as it impacts the four-year look-back rule.

    1 minute read

  • April 6, 2021 | New York Law Journal

    Eviction Moratoriums: A Legislative Update

    In their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis discuss two recently enacted New York State laws aimed at preventing residential and commercial evictions during the COVID-19 pandemic: the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020, and the COVID-19 Emergency Protect Our Small Businesses Act of 2021.

    1 minute read

  • March 2, 2021 | New York Law Journal

    Two Recent Wins for Landlords in 'Harris' and 'Kreloff'

    Last month, the Appellate Division, First Department issued favorable rulings to landlords in 'Harris v. Israel' and 'Kreloff v. NYSDHCR.' In their Rent Stabilization column, Warren Estis and Jeff Turkel analyze both decisions.

    1 minute read

  • February 2, 2021 | New York Law Journal

    COVID-19 Defenses: Case Law Update

    In their last column, Warren A. Estis and Alexander Lycoyannis discussed the COVID defenses of impossibility and frustration of purpose and analyzed two of the first known decisions applying them in commercial landlord-tenant disputes during the pandemic. Here, they summarize four recent lower court rulings applying the COVID defenses in commercial landlord-tenant cases.

    1 minute read

  • December 1, 2020 | New York Law Journal

    'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?

    As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.

    1 minute read

  • November 3, 2020 | New York Law Journal

    Fair Market Rent Appeals

    Years ago, bringing, or defending, a Fair Market Rent Appeal was a routine part of any rent regulatory practice. Because there are so few rent-controlled apartments left, FMRAs have become somewhat of a rarity.

    1 minute read

  • Audthan LLC v. Nick & Duke LLC

    Publication Date: 2020-09-30
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Supreme Court, New York
    Judge: Justice Robert Reed
    Attorneys: For plaintiff: For Plaintiff by: Jeremy A. Cohen, Esq., Tracee Elaine Davis, Esq., Jonathan Paul Wolfert, Esq., and Owen Richard Wolfe, Esq., Seyfarth, Shaw LLP, New York, NY.
    for defendant: For Defendant by: Bradley S. Silverbush Esq., and Amanda M. Toombs, Esq., Rosenberg and Estis, P.C., New York, NY. By: Richard Adam Hubell, Esq., Hubell & Associates, LLC, New York, NY. By: Barry A. Cozier, Esq., Barry A. Cozier, Attorney at Law, Bronx, NY.

    Case Number: 652050/2015

    Court Vacates Note of Issue for Oustanding Discovery, Strikes Case From Trial Calendar