Warren A Estis

May 04, 2021 | New York Law Journal

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.

By Warren A. Estis and Jeffrey Turkel

8 minute read

April 06, 2021 | New York Law Journal

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.

By Warren A. Estis and Alexander Lycoyannis

7 minute read

March 02, 2021 | New York Law Journal

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.

By Warren A. Estis and Jeffrey Turkel

7 minute read

February 02, 2021 | New York Law Journal

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.

By Warren A. Estis and Alexander Lycoyannis

7 minute read

January 05, 2021 | New York Law Journal

A body of law has developed over the years to determine whether a building is subject to rent stabilization by virtue of the number of housing accommodations therein. Warren Estis and Jeffrey Turkel summarize this case law.

By Warren A. Estis and Jeffrey Turkel

7 minute read

December 01, 2020 | New York Law Journal

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

November 03, 2020 | New York Law Journal

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.

By Warren A. Estis and Jeffrey Turkel

9 minute read

October 06, 2020 | New York Law Journal

As 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

September 01, 2020 | New York Law Journal

In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss recent cases concerning major capital improvements (MCIs) and find that where a landlord elects to perform an MCI, it must be certain that even its minimal return on investment will be protected.

By Warren A. Estis and Jeffrey Turkel

8 minute read

August 04, 2020 | New York Law Journal

As 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