Allyson McKinstry

Partner

Overview

Whether a national retailer with a portfolio of properties or a technology company with a single location, companies turn to Allyson McKinstry to achieve their real estate and commercial leasing needs. Allyson has a national practice offering companies comprehensive counseling on real estate, retail, and complex commercial matters, and full-service litigation services, from pre-litigation counseling and investigation, through trial and appeal.

Allyson regularly advises clients on contract interpretation, co-tenancy disputes, premises and construction-related matters, maintenance obligations, end-of-lease issues, force majeure claims, vendor disputes, and audit-related claims. She also has extensive experience advising companies on matters related to their real estate portfolios and works with business teams to mitigate risk, maximize recoveries, and resolve disputes without resorting to litigation when possible.   

Allyson is a first-chair trial attorney and litigates in state and federal courts across the country, as well as arbitral forums. She serves as national trial counsel for several retailers, leading the litigation strategy for their lease disputes and coordinating with local counsel on lower-stakes disputes.

Through her client’s various mergers and acquisitions, Allyson has developed significant experience managing legacy litigation. She has successfully guided clients in triaging their legacy dockets to re-assess priorities, aligning strategies to meet management’s goals, and facilitating resolutions through negotiations and strategic use of litigation tactics wherever possible.

Believing it is vital for companies to learn from their disputes, Allyson regularly conducts trainings and CLEs on how clients can incorporate lessons learned. She also performs risk reviews of contracts and leases to identify potential issues and strategize with clients on key areas of concern when negotiating future real estate transactions.

Career & Education

    • Pace University School of Law, J.D., magna cum laude, 2009
    • The College of New Jersey, B.A., 2001
    • Pace University School of Law, J.D., magna cum laude, 2009
    • The College of New Jersey, B.A., 2001
    • New York
    • New Jersey
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court for the Southern District of New York
    • U.S. District Court for the Eastern District of New York
    • U.S. District Court for the Eastern District of Michigan
    • U.S. District Court for the District of New Jersey
    • New York
    • New Jersey
    • U.S. Court of Appeals for the Second Circuit
    • U.S. Court of Appeals for the Third Circuit
    • U.S. Court of Appeals for the Eleventh Circuit
    • U.S. District Court for the Southern District of New York
    • U.S. District Court for the Eastern District of New York
    • U.S. District Court for the Eastern District of Michigan
    • U.S. District Court for the District of New Jersey
    • Law Clerk, Hon. Brian M. Cogan, U.S. District Court, Eastern District of New York
    • Law Clerk, Hon. Brian M. Cogan, U.S. District Court, Eastern District of New York
    • Member, International Council of Shopping Centers (ICSC)
    • Member, Retail Industry Leaders Association (RILA)
    • Member, International Council of Shopping Centers (ICSC)
    • Member, Retail Industry Leaders Association (RILA)

Allyson's Insights

Speaking Engagement | 04.30.25

“New York Civil Procedure Training Series, 2025,” Crowell & Moring Webinar.

  • Speaking Engagement | 10.24.24

    “Advanced Lease Defaults: It’s not over until it’s over.” 2024 ICSC U.S. Law Conference, Panel.

  • Speaking Engagement | 10.26.23

    “Litigating Lease Terms: You know what happens when you assume…,” 2023 ICSC U.S. Law Conference, Workshop.

Representative Matters

Allyson has secured notable wins at the trial and appellate courts, which have saved clients millions in rent and carried broader implications across their lease portfolios. Some recent examples include:

  • Successfully defended national sporting goods retailer in lease termination action brought by landlord in Ohio state court on grounds of estoppel and waiver following a three-day bench trial and successful appeal of an earlier summary judgment ruling.
  • Defeated a tenant’s request for a preliminary injunction in lease termination action brought against landlord in New York state court, which protected landlord’s lease agreement with new tenant and resulted in a settlement on favorable terms.
  • Defeated landlord’s motion to dismiss in New York state trial and appellate courts on behalf of one of the world’s largest specialty retailers, in an action brought against landlord for failure to deliver premises at the new World Trade Center Shopping Center. 
  • Secured an early dismissal of an action brought by landlord against national sporting goods retailer in a co-tenancy dispute in Virginia.
  • Secured a Yellowstone Injunction on behalf of national retailer to enjoin landlord in New York state from terminating leases, which was settled on favorable terms to tenant.

Allyson's Insights

Speaking Engagement | 04.30.25

“New York Civil Procedure Training Series, 2025,” Crowell & Moring Webinar.

  • Speaking Engagement | 10.24.24

    “Advanced Lease Defaults: It’s not over until it’s over.” 2024 ICSC U.S. Law Conference, Panel.

  • Speaking Engagement | 10.26.23

    “Litigating Lease Terms: You know what happens when you assume…,” 2023 ICSC U.S. Law Conference, Workshop.

Insights

Speaking Engagement | 04.30.25

“New York Civil Procedure Training Series, 2025,” Crowell & Moring Webinar.

Speaking Engagement | 10.24.24

“Advanced Lease Defaults: It’s not over until it’s over.” 2024 ICSC U.S. Law Conference, Panel.

Speaking Engagement | 10.26.23

“Litigating Lease Terms: You know what happens when you assume…,” 2023 ICSC U.S. Law Conference, Workshop.

Allyson's Insights

Speaking Engagement | 04.30.25

“New York Civil Procedure Training Series, 2025,” Crowell & Moring Webinar.

  • Speaking Engagement | 10.24.24

    “Advanced Lease Defaults: It’s not over until it’s over.” 2024 ICSC U.S. Law Conference, Panel.

  • Speaking Engagement | 10.26.23

    “Litigating Lease Terms: You know what happens when you assume…,” 2023 ICSC U.S. Law Conference, Workshop.