Michael E Feinstein

Michael E Feinstein

March 31, 2020 | New York Law Journal

COVID-19 and Rent Related Issues

In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the potential legal issues that will likely arise as tenants start failing to pay rent as a result of the unprecedented situation happening with the current pandemic.

By Warren A. Estis and Michael E. Feinstein

6 minute read

February 04, 2020 | New York Law Journal

Predicate Notices Revisited: Termination Notices Must Contain Sufficient Facts

In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss the recent decision "266 Washington Ave. v. Davis," which "stands as an important reminder to landlords and their counsel of the harsh consequences of failing to include adequate factual allegations in a notice of termination."

By Warren A. Estis and Michael E. Feinstein

5 minute read

December 03, 2019 | New York Law Journal

HSTPA Applies to Notice of Nonrenewal Predating Effective Date of the Law

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Zagorski v. Makarewicz,' where the court was faced with a question relating to the HSTPA's impact on owners' use proceedings; namely, where the owner served the notice of nonrenewal on the tenant before the effective date of the HSTPA, are the requirements of the HSTPA applicable to such a notice?

By Warren A. Estis and Michael E. Feinstein

5 minute read

October 01, 2019 | New York Law Journal

HSTPA'S Impact on Owner's Proceeding

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss 'Fried v. Galindo,' where the court ruled that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) applies to a pending owner's use proceeding.

By Warren A. Estis and Michael E. Feinstein

5 minute read

August 06, 2019 | New York Law Journal

Court Finds Lease Allowed Yellowstone Motion ‘After’ Cure Period Expired

In their Landlord Tenant column, Warren Estis and Michael Feinstein discuss “255 Butler Associates, LLC v. 255 Butler, LLC,” a "highly unusual case" where, despite the clear rule stating that an application for Yellowstone relief must be made “prior to the expiration of the cure period set forth in the lease and the landlord’s notice to cure,” the Appellate Division, Second Department upheld the Supreme Court’s granting of a Yellowstone motion which had been made after the expiration of the cure period in the notice to cure.

By Warren A. Estis and Michael E. Feinstein

6 minute read

June 04, 2019 | New York Law Journal

COA Has Spoken: 'Yellowstone' Relief Can Be Waived

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent landmark decision "159 MP Corp. v. Redbridge Bedford," which they conclude has "fundamentally altered Yellowstone jurisprudence in this state." 

By Warren A. Estis and Michael E. Feinstein

8 minute read

April 02, 2019 | New York Law Journal

Yellowstone Injunctions Not Available for Incurable Defaults

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent case “Bliss World v. 10 West 57th Street Realty,” where the First Department Appellate Division made it “crystal clear that where a default is incapable of cure, Yellowstone relief may not be available to the tenant.”

By Warren A. Estis and Michael E. Feinstein

5 minute read

February 05, 2019 | New York Law Journal

Court Refuses to Hold Domestic Violence Victim Liable for Rent

In their Landlord-Tenant column, Warren Estis and Michael Feinstein use the case Riverwalk on the Hudson v. Culliton to discuss RPL 227-c —an important remedy which provides a domestic abuse victim who has obtained an order of protection with the ability to terminate the lease and be absolved from liability for rent.

By Warren A. Estis and Michael E. Feinstein

6 minute read

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.”

By Warren A. Estis and Michael E. Feinstein

6 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.

By Warren A. Estis and Michael E. Feinstein

1 minute read