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August 03, 2021 | New York Law Journal

Leasing to Cannabis Businesses

In 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.
8 minute read
July 06, 2021 | New York Law Journal

When Is a Rent Registration 'Proper'?

RSL §26-517(e) states that the "failure to file a proper and timely initial or annual registration statement shall, until such time as a proper registrations filed," freeze the stabilized rent. The courts have established a general rule as to when a registration is deemed proper, and have also established an exception to that rule. In their Rent Stabilization column, Warren Estis and Jeff Turkel examine the rule and its exception.
7 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.
9 minute read
May 04, 2021 | New York Law Journal

'Regina'—The Landmark Ruling, One Year Later

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.
8 minute read
April 06, 2021 | New York Law Journal

Eviction Moratoriums: A Legislative Update

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.
7 minute read
March 02, 2021 | New York Law Journal

Two Recent Wins for Landlords in 'Harris' and 'Kreloff'

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.
7 minute read
February 02, 2021 | New York Law Journal

COVID-19 Defenses: Case Law Update

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.
7 minute read
January 15, 2021 | New York Law Journal

Former New York City Bar Diversity and Inclusion Director Deborah Martin Owens Joins Sidley

And other announcements of recent hirings and promotions of New York attorneys.
3 minute read
January 05, 2021 | New York Law Journal

When Does a Building Have Six or More Units?

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.
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.
8 minute read

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