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.
By Warren A. Estis and Alexander Lycoyannis
8 minute read
October 05, 2021 | New York Law Journal
The Extension of NY's Eviction Moratorium: An AnalysisIn their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis discuss the extension of New York's eviction moratorium which includes a provision for owners to challenge tenants' assertions of COVID-related financial hardship.
By Warren A. Estis and Alexander Lycoyannis
8 minute read
August 03, 2021 | New York Law Journal
Leasing to Cannabis BusinessesIn 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.
By Warren A. Estis and Alexander Lycoyannis
8 minute read
June 01, 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.
By Warren A. Estis and Alexander Lycoyannis
9 minute read
April 06, 2021 | New York Law Journal
Eviction Moratoriums: A Legislative UpdateIn 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.
By Warren A. Estis and Alexander Lycoyannis
7 minute read
February 02, 2021 | New York Law Journal
COVID-19 Defenses: Case Law UpdateIn 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.
By Warren A. Estis and Alexander Lycoyannis
7 minute read
December 01, 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.
By Warren A. Estis and Alexander Lycoyannis
8 minute read
October 06, 2020 | New York Law Journal
Conditional Limitation v. Condition Subsequent: An Important Distinction in the COVID-19 AgeAs commercial rent defaults significantly increase due to the COVID-19 pandemic, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent? The answer to this arcane question—which can trip up even experienced attorneys—will determine the forum in which an owner can recover possession.
By Warren A. Estis and Alexander Lycoyannis
7 minute read
August 04, 2020 | New York Law Journal
The Rise of Ejectment Actions During the COVID-19 PandemicAs the courts continue the reopening process, there will be both a backlog of landlord-tenant cases and a pent-up demand to commence new cases, the combination of which will be difficult for the L&T court to manage. In their Landlord Tenant Law column, Warren Estis and Alexander Lycoyannis recommend that "practitioners seeking to advance their clients' rights would be well-advised to consider the ejectment action—which remains a viable avenue for relief."
By Warren A. Estis and Alexander Lycoyannis
7 minute read
June 02, 2020 | New York Law Journal
Temporary Suspension of Personal Guaranties in Commercial LeasesIn their Landlord Tenant column, Warren Estis and Alexander Lycoyannis discuss a new law added to the New York City Administrative Code which purports to temporarily suspend personal guaranty provisions contained in commercial leases.
By Warren A. Estis and Alexander Lycoyannis
7 minute read
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