New York Landlord & Tenant Litigation: Special Commercial Issues (Update)

(118 Ratings)

Produced on: October 03, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 51 minutes
Difficulty Intermediate

Although the focus in NY is often residential issues, commercial landlord and tenant litigation is high volume and specialized. Commercial landlord and tenant law is sophisticated commercial litigation and needs to be approached as such. In this program, taught by Michelle Maratto Itkowitz, a noted NYC Landlord-Tenant attorney, will examine the many commonly litigated issues in commercial landlord and tenant law, delving into the many subtleties that make the area particularly challenging, including Yellowstone Injunctions and Good Guy Guaranties.

Learning Objectives:

  1. Discuss some of these frequently litigated clauses in Commercial L&T cases: sublet; surrender; no waiver; use; build-out; additional rent; and free rent
  2. Navigate the complex course of conditional limitations in a lease default situation
  3. Draft a notice to cure lease default and a notice of termination of lease
  4. Prosecute or defend against a Yellowstone injunction
  5. Litigate issues involving a Good Guy Guaranty


Michelle Maratto Itkowitz has been practicing real estate law, specializing in the area of residential and commercial landlord and tenant law in the City of New York, for over twenty years. She also is very experienced in general commercial litigation and all manner of real estate transactions. 

Michelle publishes and speaks frequently on real estate and legal issues. The groups Michelle has taught for or presented to and the publications she has written for include:

  • The Columbia Society of Real Estate Appraisers
  • LandlordsNY
  • Lorman Education Services
  • The Association of the Bar of the City of New York
  • The New York State Bar Association, Real Property Section, Commercial Leasing Committee
  • Thompson Reuters
  • The Cooperator
  • The New York State Bar Association CLE Publications
  • The Brooklyn Real Estate Summits
  • The Association of the Bar of the City of New York
  • BisNow

Michelle gets quoted in the press on real estate and legal issues. Michelle produces tons of original and useful content on real estate and law and gets it out to the world in many ways – from booklets to podcasts, as well as many useful articles that can be found on her Teaching and Publishing blog. Michelle is the Legal Expert for LandlordsNY, where she answers members questions on as a guest on their blog. Michelle is developing an extensive curriculum of real estate continuing legal education videos with Michelle is currently co-authoring the New York State Bar Association's New York Commercial Landlord and Tenant Law and Procedure Book and she co-authored a chapter on lease remedy clauses for the New York State Bar Association Commercial Leasing. Michelle is a pioneer of Legal Project Management, a unique and better way for lawyers and clients to work together, which you can read much more about on her website or watch a Lawline CLE on.

Michelle is admitted to practice in New York State and the United States District Court for the Southern District of New York. Michelle’s professional associations include: the New York State Bar Association - Real Property Law Section and Commercial and Federal Litigation Section, Gotham City Network - New York City Real Estate Chapter, and the Brooklyn Chamber of Commerce. Michelle received a Bachelor of Arts in Political Science in 1989 from Union College, and a Juris Doctor in 1992, from Brooklyn Law School. Michelle is also a managing member of an executive office suite company and a founding member of an internet startup company that launched in 2012. Michelle sits on the board of directors of Building Blocs, a not-for-profit organization, and she has been honored by the Brooklyn Bar Association Volunteer Lawyer's Project.

There are many ways to keep up with Michelle. When Michelle tweets, which is not an obnoxious amount, you cannot only actually understand what she is saying, but it is useful stuff about real estate, business, and the legal industry that you might miss between the headlines. Michelle would be happy to speak to you.

Jay Itkowitz

Itkowitz PLLC

Jay Itkowitz is a partner at Itkowitz PLLC, an AV-rated, boutique law firm specializing in complex commercial litigation and transactions that has been serving the real estate industry in New York City for over twenty years. Mr. Itkowitz is admitted to practice in New York State, the U.S. District Court, Southern and Eastern Districts of New York, the U.S. Court of Appeals 2d Circuit, and the United States Supreme Court. Mr. Itkowitz graduated from New York Law School with honors in 1977, where he published a note in the Law Review.

Mr. Itkowitz has cleared several buildings for major capital projects. Itkowitz PLLC was lead counsel, for example, in evicting tenants from Grand Central Station in the mid 1990's so that its historic renovation could be commenced. Other "de-leasing" projects include clearing: a building at 750 Lexington Avenue for Cohen Bros. Real Estate Corp.; the New York City headquarters of the Directors Guild of America, Inc.; the New York Coliseum for the Triborough Bridge And Tunnel Authority; and a building on 11th Avenue in Manhattan containing approximately 150 sub-tenants for Charles Benenson & Preston R. Tisch.

Mr. Itkowitz is also a managing partner of a number of residential and commercial real estate projects. He is currently building a regional company offering state-of-the-art office suites for attorneys and other professionals, which has just opened a new facility on the top floor of 305 Broadway, New York, New York. He is also currently constructing a condominium building in Brooklyn, New York.

Mr. Itkowitz has been an adjunct professor of legal writing at New York Law School and has authored many articles and given many lectures on real estate issues, including for Lorman Education Services, the Practicing Law Institute, the New York State Bar Association, and the Rent Stabilization Association. Mr. Itkowitz and Michelle Maratto Itkowitz authored a chapter on lease remedy clauses for the New York State Bar Association Commercial Leasing Manual.

Mr. Itkowitz, a former investigative journalist for newspapers in the New York Metropolitan Area, began his legal career as an Assistant Corporation Counsel for the City of New York and has clerked for a U.S. District Court Judge for the Southern District of New York and a Kings County Supreme Court Judge. Mr. Itkowitz specializes in complex trial work.

Mr. Itkowitz can be contacted at 646-822-1801 or at


Stuart W.

Done well.

Charles K.

Thank you Michelle!

Angela K.

The presenter was well spoken.

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$ 59 Real Estate and Litigation In Stock


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