Simon Malinowski

Simon was appointed managing attorney of our New York office in 2021, but he’s been contributing to our clients’ success since he worked for Harris Bricken as a summer associate in 2010 and 2011.

A seasoned real estate attorney, Simon advises developers, investors, contractors, and design professionals across all stages of the property development process, including: condominiums; multi-family rental properties; retail developments; mixed-use developments; and special projects. He also provides comprehensive legal services covering all aspects of commercial property ownership, from leases to refinancing to renovating.

new york cannabis tax

New York’s New Cannabis Tax Deductions

New York snuck a pretty significant tax break for cannabis businesses into its 2022 budget. The Revenue Bill included a state tax deduction for cannabis related business expenses that are currently disallowed by § 280E of the federal tax code. We have seen this strategy in other “canna friendly” states and it’s a welcome development.

new york cannabis real estate

New York Cannabis Real Estate Refresher

Real estate is on the forefront of many people’s minds with New York on the doorstep of adult-use cannabis applications. And for good reason: owning or controlling real estate will be a requirement for applicants (with some soon-to-be caveats for social equity applicants). We have fielded lots of calls from prospective adult-use cannabis applicants starting

new york cannabis social equity

Funding New York’s Cannabis Social Equity Fund

With little fanfare or advance notice, the Dormitory Authority of the State of New York (“DASNY”) released a request for information (“RFI”) last month to determine interest and solicit information from qualified parties for an investment fund to finance “the establishment and development of adult-use retail cannabis dispensaries (“RCDs”)” for social and economic equity applicants.

new york conditional adult use retail dispensary license

New York’s Conditional Adult-Use Dispensary License

The creation of New York’s conditional adult-use retail dispensary license has made headlines. Although New York plans to issue only 50-100 of this new license type, the license type and its underlying rules and regulations is incredibly significant. Why? First, because the OCM and CCB have issued actual rules and regulations that will apply to

new york cannabis gift criminal

New York Cannabis “Gifting” — Criminal!

New York continues to crack down on unlicensed cannabis sales masquerading as “gifts” or “membership fees.” The Office of Cannabis Management (OCM) sent cease and desist letters a few weeks ago, which threatened substantial fines, possible criminal penalties, and “put[ting] your ability to obtain a license in the legal cannabis market at substantial risk.” Of

new york cannabis marijuana

New York Cannabis: An Update

A lot of things have happened since our State of the State for New York’s cannabis industry. Of course, the one thing we have all been waiting for has not happened yet, which is the release of the first draft of the adult-use rules and regulations. Now that we are approaching the start of spring,

New York May Soon Let Hemp Licensees Grow Cannabis

New York May Soon Let Hemp Licensees Grow Cannabis

This week the New York legislature passed Senate Bill S8084A, which would enable existing licensed hemp growers and processors to cultivate and process cannabis under one of two types of temporary licenses: a temporary conditional cultivator license to process and distribute cannabis flower products without holding an adult-use processor or distributor license, and a temporary

new york city cannabis

What We Learned from the New York City Cannabis Conversation

What did we learn from last week’s Office of Cannabis Management’s (OCM) New York City Cannabis Conversation? A few things. But first, a refresher: earlier this year the OCM and the Cannabis Control Board rolled out a series of virtual community engagement meetings. The Cannabis Conversations are intended to allow: “New Yorkers [to] hear directly

new york proposed hemp regulations - hemp plants

New York’s Proposed Cannabinoid Hemp Regulations

New York’s proposed cannabinoid hemp regulations are a big deal for the State’s 700 or so hemp farmers, and the greater cannabis industry. This post will explain how we got here, what the regulations provide, and what happens next. How New York arrived at the proposed cannabinoid hemp regulations For the past two months, the