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April 05, 2022 | New York Law Journal

The 'COVID Defenses': An Appellate Update

In their June, 2021 Landlord-Tenant column, Warren Estis and Alexander Lycoyannis predicted that as "New York proceeds slowly but surely toward a semblance of pre-pandemic normalcy…the era of COVID-related defenses to commercial rent nonpayment may soon become a thing of the past." In this column, they discuss two recent rulings from the Appellate Division, First Department which bear directly on the issue.
6 minute read
March 25, 2022 | New York Law Journal

Need To Protect Your Neighbor's Property? It's Going To Cost You.

On February 15th, the First Department issued a decision in 'In the Matter of Panasia Estate v. 29 West 19 Condominium', which confirmed that, although not expressly stated, RPAPL §881 authorizes courts to award license fees, attorney fees, or engineering or other design professional fees.
7 minute read
March 01, 2022 | New York Law Journal

HSTPA and Luxury Deregulation

On Feb. 24 of this year, the First Department, in '160 E. 84th St. Assoc. v. New York State Div. of Hous. & Community Renewal,' answered the question of whether an apartment is deemed "lawfully deregulated" on the date of the deregulation order, or on the later expiration date of the lease in effect. In their Rent Regulation column, Warren Estis and Jeffrey Turkel discuss the issue.
8 minute read
February 01, 2022 | New York Law Journal

The 'Good Cause Eviction' Bill: A Proposal Under Consideration

In their Landlord-Tenant column, Warren Estis and Alexander Lycoyannis review and analyze Senate Bill S3082, also known as the "Good Cause Eviction" bill currently under proposal in Albany which could impact free-market housing accommodations in New York State.
7 minute read
January 18, 2022 | New York Law Journal

'Protracted, Scorched Earth Discovery': Judge Awards $700K to Attorneys for Law Firm in Suit Against Landlord

The fees were generated from a case that a Manhattan judge said should have been solved by the parties and not in the courts.
4 minute read
Law Journal Press | Digital Book Georgia Construction Law Handbook 2024 Authors: T. BART GARY, JAKE CARROLL View this Book

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January 04, 2022 | New York Law Journal

Tribunals Split on Effect of Post-'Roberts' Conduct

In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss the questions left open after Roberts v. Tishman Speyer where the Court of Appeals held that apartments in J-51 buildings could not be luxury deregulated while J-51 benefits remained in effect, and how the First Department, Second Department, and DHCR have all answered these questions differently.
7 minute read
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.
8 minute read
November 15, 2021 | New York Law Journal

East Harlem Property Owners Sue MTA Over Planned Second Avenue Subway Extension

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
November 02, 2021 | New York Law Journal

Rent Concession Cases: The Score So Far

Starting in 2020, tenants of various 421-a buildings throughout the city where rent concessions have been granted have commenced putative class action litigation asserting that the initial legal regulated rent for each of their apartments is not the lease rent, but is the "net effective rent." To date, the tenants' efforts have met with mixed success. In their Rent Regulation column Warren Estis and Jeffrey Turkel analyze five decisions rendered on the subject.
7 minute read
October 29, 2021 | New York Law Journal

See Who Passed the July 2021 New York Bar Exam

The New York State Board of Law Examiners examined 9,227 candidates during the July 27-28 examination. Of those candidates, 5,791 passed for an overall passing rate of 63%.
82 minute read

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