Michael E Feinstein

February 06, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, write: Because the tenant's burden on a motion for a 'Yellowstone' injunction is far less than what must be shown on a motion for a "normal" preliminary injunction, it is not surprising that motions for 'Yellowstone' relief are routinely granted. On this 45th anniversary of 'Yellowstone,' however, we thought it time to examine some recent decisions in which courts have denied Yellowstone relief in certain circumstances.

By Warren A. Estis and Michael E. Feinstein

11 minute read

June 06, 2012 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Michael E. Feinstein, a partner at the firm, analyze a recent Court of Appeals case the Court of Appeals on the issue of whether an out-of-possession tenant, which had made its own improvements to the leased premises, was entitled to equitable relief under 'J.N.A.' to relieve the tenant from its inadvertent failure to timely exercise its renewal option.

By Warren A. Estis and Michael E. Feinstein

10 minute read

August 01, 2012 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, review a decision that held a landlord may amend the petition at trial to recover the rent accruing after service of the predicate rent demand, without having to serve a new rent demand, formally approving the typical practice in commercial nonpayment proceedings in the Civil Court.

By Warren A. Estis and Michael E. Feinstein

10 minute read

October 02, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis, discuss various court decisions that have dealt with defining the term "family member" for purposes of ruling whether a person can be evicted as a licensee under RPAPL §713(7).

By Warren A. Estis and Michael E. Feinstein

12 minute read

April 03, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, write: When residential tenants are deprived, through no fault of their landlords, of services that tenants are expected to receive, courts are already required to balance the rights of tenants and landlords alike. Courts should review the landlord's reaction to the situation, including whether the landlord responded responsibly and expeditiously, in good faith, and whether it actually alleviated the tenant's problems.

By Warren A. Estis and Michael E. Feinstein

10 minute read

October 03, 2012 | New York Law Journal

In their Landlord/Tenant column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Michael E. Feinstein, a partner at the firm, analyze a recent case where the court was faced with the question of whether a document purporting to be a "net lease" was in fact a lease - thereby providing the "tenant" with standing under Article 7 of the Real Property Actions and Proceedings Law to evict a subtenant in the subject buildings - or was a management agreement, which accorded no such rights.

By Warren A. Estis and Michael E. Feinstein

9 minute read

February 01, 2012 | New York Law Journal

Rosenberg & Estis partners Warren A. Estis and Michael E. Feinstein write that while numerous appellate courts have observed that a 10-day stay to allow a tenant to correct a breach of a lease is imposed by statute, courts have declined to afford the tenant the benefit of the "mandatory" stay in certain circumstances, particularly where the court finds that the default is incapable of being cured within the 10-day period.

By Warren A. Estis and Michael E. Feinstein

9 minute read

April 04, 2012 | New York Law Journal

In their Landlord-Tenant Law column, Rosenberg & Estis partners Warren A. Estis and Michael E. Feinstein write that it has long been the law that a tenant that has been actually evicted, even from only a portion of the premises, can stop paying rent. But, as observed in Judge Susan Read's dissent, a recent majority of the Court of Appeals has traded that well-settled, bright-line rule for a new "de minimis" rule that depends on the degree of the physical exclusion and its impact on the tenant's use and enjoyment of the premises.

By Warren A. Estis and Michael E. Feinstein

13 minute read

August 07, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, discuss the recent decision '433 Sutton Corp. v. Broder,' which held that notwithstanding the Supreme Court's finding that both the landlord and the tenant violated portions of the lease, the tenant was entitled to attorney fees as the prevailing party.

By Warren A. Estis and Michael E. Feinstein

12 minute read