Simon I. Malinowski

Associate

P 212.216.1133
1350 Broadway
New York, NY 10018

 

Simon I. Malinowski

Associate

Simon Malinowski is an associate in the Construction Group. Simon advises owners and developers in all stages of construction and real estate litigation, including drafting and arguing pleadings, motions and appeals, conducting depositions, trial preparation and mediation.

Simon assists clients in protecting or gaining access to neighboring properties during construction through proactive negotiation and RPAPL §881 petitions. In addition, he has extensive experience handling license agreements, enabling him to effectively work with all parties to ensure his clients’ most efficient desired results.

Prior to joining Tarter Krinsky & Drogin LLP, Simon was an associate at Tsyngauz & Associates, P.C.

Education
  • Indiana University Maurer School of Law, J.D., cum laude, 2012
    • Order of Barristers
    • President, Student Trial Advocacy Board
    • Indiana University Maurer School of Law National Trial Team, 2011-2012
  • University of Toronto, B.A., honors, 2008
Admissions
  • New York
  • United States District Court, Eastern Districts of New York
  • United States District Court, Southern Districts of New York
Awards and Honors
  • New York Super Lawyers "Rising Star," 2016-2019
Languages
  • Russian
Memberships
  • Organizing Committee, Indiana University Maurer School of Law – New York Young Alumni Group
  • Bronx High School of Science Alumni Association

Favorite Sports Team: The New York Knicks

Favorite NY Landmark: Corner Bistro

What I Do When I’m Not Practicing Law: Running or boxing

  • Simon Malinowski Quoted in Law360 Article on Moratorium Evictions in New York During COVID-19

    On October 26, 2020, Construction Associate Simon Malinowski was quoted in the Law360 article titled, "3 Things To Watch As NY Eviction Moratoria Are Extended." The article discusses the recent extensions of the moratoriums on commercial and residential tenants' evictions due to COVID-19 and how the moratoriums impact landlord-tenant disputes.

  • Law Brief Podcast: Members of our COVID-19-Team Discuss Stimulus Programs for Businesses under the CARES Act

    COVID-19 team members Eli Rudolph and Simon Malinowski join Litigation Partner and host Rich Schoenstein to discuss the Coronavirus Aid, Relief and Economic Security Act’s (CARES Act) Relief for Small Businesses. Our COVID-19 team guides clients through the process of navigating resources offered under the CARES Act. In the latest episode, they discuss the financial relief available under the CARES Act, including PPP and EIDL loans, the eligibility guidelines, the ongoing requirements for companies who receive them, frequently asked client questions and anticipated forgiveness guidance that is still awaited. Listen to the episode.

  • Thirty-Two Tarter Krinsky & Drogin Lawyers Named to 2019 Super Lawyers and Rising Stars Lists

    Thirty-two lawyers from Tarter Krinsky & Drogin have been named to the 2019 New York Super Lawyers and Rising Stars lists, a rise in Tarter Krinsky & Drogin attorneys awarded as top lawyers in New York. The annual Super Lawyers list recognizes the top five percent of lawyers in New York for their professional achievements. Lawyers are selected through a process that includes independent research, peer nominations and peer evaluations.

  • SBA Issues Procedural Notice Regarding Changes of Ownership

    Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.
    On October 2, 2020, the SBA released a procedural notice (Notice) – available here – addressed to SBA employees and PPP lenders clarifying the required procedures for changes of ownership of an entity that has received PPP funds.

  • Paycheck Protection Program Extended Through August 8, 2020

    Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.

  • Federal Reserve Bank of Boston Announces Main Street Lending Program Is Fully Operational

    The Federal Reserve Bank of Boston announced the Main Street Lending Program is “now fully operational, ready to purchase participations in eligible loans that are submitted to the program by registered lenders.”

  • SBA Issues New Interim Final Rule for Paycheck Protection Program– Guidance Your Business Should be Aware Of

    Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.

  • Internal Revenue Service Announces Relief for Qualified Opportunity Zone Investors

    On June 4, 2020, the Internal Revenue Service issued Notice 2020-39, which provides temporary relief to qualified opportunity funds (QOFs) and their investors as a result of the COVID-19 pandemic.

  • Federal Reserve Bank of Boston Modifies Main Street Lending Program

    The Federal Reserve Bank of Boston announced changes to the Main Street Lending Program (Program) to allow more small and medium-sized businesses to be able to participate in the Program. 

  • Federal Reserve Advances Towards Launching Main Street Lending Program

    The Federal Reserve recently announced that the Federal Reserve Bank of Boston has set up the special purpose vehicle (SPV) to purchase participations in loans originated by eligible lenders under the Main Street Lending Program (Program). In addition, Program loan participation agreement, form borrower and lender certifications, and other required form agreements are now available on the Federal Reserve Bank of Boston’s Main Street Lending Program Forms and Agreements website. The Federal Reserve also updated its Frequently Asked Questions (FAQs), dated May 27, 2020.

  • Amendment to CARES Act and PPP Loan Forgiveness

    On June 5, 2020, President Trump signed H.R. 7010 (the Bill), which the Senate had unanimously passed. The Bill amends several provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the Paycheck Protection Program (PPP).

  • Project Restart: Strategy For Remobilizing Construction

    New York State Governor Andrew Cuomo recently announced phased reopening of businesses, with the construction industry included in Phase 1. The Governor’s announcement means project owners in New York should prepare for construction to restart. Given the long pause of most projects in New York, contractors and subcontractors will first report to their most profitable projects where payments are made timely.  We recommend that owners consider taking the following steps before the construction ban is lifted to successfully restart their projects.

  • Main Street Loans: How Much May a Company Borrow?

    Federal Reserve Chairman Jerome Powell announced on May 19, 2020, before a Senate Committee that the Main Street Lending Program (Program) is anticipated to be launched around the end of May. Prospective borrowers should be preparing for making loan applications with participating lenders when the Program commences.

  • New York City Council Passes Suspension of Personal Guarantees for Certain Commercial Tenants

    On May 26, 2020, New York City Mayor Bill de Blasio signed the City Council’s bill No.1932-A (the Personal Liability Bill). The Personal Liability Bill adds a new section 22-1005 to the administrative code of the City of New York, suspending the enforcement of personal liability provisions for certain commercial tenants affected by the COVID-19 crisis.

  • SBA Releases Additional PPP Loan Review Guidance

    On May 22, 2020, the Small Business Administration (SBA), in consultation with the U.S. Department of Treasury, published an interim final rule (the Review Guidance) to supplement previous Paycheck Protection Program (PPP) loan forgiveness guidance. The Review Guidance is intended to establish the standards by which the SBA will investigate whether a loan met program requirements and the circumstances under which it will be released from liability on a guarantee for such a loan.

  • SBA Releases Additional PPP Loan Forgiveness Guidance

    On May 22, 2020, the Small Business Administration, in consultation with the U.S. Department of Treasury, published an interim final rule to supplement previous Paycheck Protection Program loan forgiveness guidance.

  • Eligibility Requirements for Federal Reserve’s Main Street Lending Program

    Federal Reserve Chairman Jerome Powell announced on May 19, 2020, before a Senate Committee that the Main Street Lending Program (Program) is anticipated to be launched around the end of May. Prospective borrowers should be preparing for making loan applications with participating lenders when the Program commences.

  • SBA Releases PPP Loan Forgiveness Application and Instructions

    On May 15, 2020, the Small Business Administration, in consultation with the U.S. Department of Treasury released the Paycheck Protection Program (PPP) Loan Forgiveness Application (the Forgiveness Application) and detailed instructions for the Forgiveness Application. To apply for PPP loan forgiveness, the borrower must complete the Forgiveness Application and submit the completed application and required documentation to its lender.

  • SBA Extends Good Faith Certification Safe Harbor Until May 18, 2020 and Loan Increases for Certain Partnerships

    Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.
    As the PPP went into immediate effect without the standard comment period, the SBA continues to issue additional guidance in the form of Frequently Asked Questions (FAQs) and responses as well as Interim Final Rules (IFRs). The most recently updated FAQs, current as of May 13, 2020, are available here and the most recently issued IFRs are available here. Importantly, the U.S. government will not challenge lender PPP actions that conform to the FAQs, and to IFRs and any subsequent rulemaking in effect at the time.

  • SBA Issues Additional Guidance on Good Faith Certification

    Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.

  • New York Extends Moratorium on Evictions and Tolling of Statute of Limitations

    On May 7, 2020, New York State Governor Andrew Cuomo signed Executive Order No. 202.28 (the Executive Order), extending the existing moratorium on evictions and foreclosures for an additional 60 days. The Executive Order also extended time periods set forth in certain prior executive orders, including tolling all statutes of limitations until June 6, 2020.

  • SBA Issued Additional FAQ on Paycheck Protection Program on May 6, 2020 – Guidance Your Business Should Know

    Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.

    As the PPP went into immediate effect without the standard comment period, the SBA continues to issue additional guidance in the form of Frequently Asked Questions (FAQs) and responses. The most recently updated FAQs, current as of May 6, 2020, are available here. Importantly, the government will not challenge actions that borrowers and lenders take consistent with the guidance in effect at the time.

  • SBA Issues Additional FAQ on Paycheck Protection Program

    Under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the Small Business Administration (SBA) is tasked with administering the Paycheck Protection Program (PPP), the loan program intended to allow employers to continue to pay their employees and assist with certain other expenses resulting from the COVID-19 pandemic.

  • IRS Issues Notice on Deductibility of Expenses Paid with Forgiven PPP Money

    On April 30, 2020, the Internal Revenue Service (IRS) issued Notice 2020-32, which provides that no deduction is allowed for expenses paid with loan money forgiven under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act).

  • U.S. Department of Treasury Issues Guidance on PPP Loan Audits

    On April 29, 2020, the U.S. Department of Treasury issued an updated FAQ. Notably, Q39 confirms Treasury Secretary Steven Mnuchin’s public statement that the SBA will audit all Paycheck Protection Program (PPP) loans in excess of $2 million upon submission of a loan forgiveness application.

  • The U.S. Department of Treasury Issues Updated Guidance on Borrower Certification

    On April 23, 2020, the U.S. Department of Treasury (Treasury) issued an updated FAQ (the Updated Guidance) with one additional Q and A (Q31) that addresses the required certification that “current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” The Updated Guidance emphasizes that a borrower must assess its economic need for a PPP loan at the time of its application in addition to reviewing applicable affiliation rules to determine eligibility.

  • U.S. Federal Reserve Issues Guidance About Main Street New Loan Facility

    On April 9, 2020, the U.S. Federal Reserve announced the creation of the Main Street New Loan Facility (Facility), to facilitate lending to small and medium-sized businesses by eligible lenders. Under the Facility and the Main Street Expanded Loan Facility, a Federal Reserve Bank will commit to lend to a single common special purpose vehicle on a recourse basis.

  • U.S. Department of Treasury Provides FAQ for Paycheck Protection Program

    On April 6, 2020, the U.S. Department of Treasury, in conjunction with the Small Business Administration (SBA), published guidance for the Paycheck Protection Program (PPP) as Frequently Asked Questions (FAQ). The FAQ provides guidance to borrowers and lenders as to the SBA’s interpretation of the CARES Act and the PPP Interim Final Rule published on April 2, 2020.

  • Small Business Administration Provides Interim Final Rules for Paycheck Protection Program

    On April 2, 2020, the Small Business Administration (SBA) issued its Interim Final Rules (the Interim Rules) for the Paycheck Protection Program (PPP). The Interim Rules include examples to illustrate the methodologies used to calculate loan amounts. Additionally, the U.S. Treasury Department released an updated Application Form.

  • U.S. Department of Treasury Issues Additional Guidance for Paycheck Protection Program

    Following the enactment of the Coronavirus Aid, Relief and Economic Security Act (CARES Act), small businesses and their advisors have been anxiously awaiting additional guidance from the U.S. Treasury Department (Treasury) regarding the Paycheck Protection Program (PPP). --  On March 31, 2020, Treasury issued its guidance.

  • Recent New York State Supreme Court Cases Impact RPAPL 881

    As we advised in June 2019, there was an unprecedented decision by Justice Melissa Crane of the New York State Supreme Court, New York County, whereby the Court granted permission to a developer pursuant to Real Property Actions and Proceeding Law §881 (RPAPL 881) to underpin a neighbor property. CUCS Housing Development v. Clifford S. Aymes (Index No. 159303/2018). The underpinning, which constitutes a permanent encroachment, had long been held by New York State Courts to be outside the Court's jurisdiction under the statute, which was enacted to address temporary access to neighbors' properties to perform improvements to one's property.

Education
  • Indiana University Maurer School of Law, J.D., cum laude, 2012
    • Order of Barristers
    • President, Student Trial Advocacy Board
    • Indiana University Maurer School of Law National Trial Team, 2011-2012
  • University of Toronto, B.A., honors, 2008
Admissions
  • New York
  • United States District Court, Eastern Districts of New York
  • United States District Court, Southern Districts of New York
Awards and Honors
  • New York Super Lawyers "Rising Star," 2016-2019
Languages
  • Russian
Memberships
  • Organizing Committee, Indiana University Maurer School of Law – New York Young Alumni Group
  • Bronx High School of Science Alumni Association

Simon Malinowski

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