Allyson McKinstry
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.
Career & Education
- 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
- 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)
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.
Client Alert | 2 min read | 02.09.24
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.
Client Alert | 2 min read | 02.09.24
Speaking Engagement | 10.26.23
“Litigating Lease Terms: You know what happens when you assume…,” 2023 ICSC U.S. Law Conference, Workshop.
Insights
New Litigation Frontiers, Brought to You by COVID
|01.13.21
Crowell & Moring's Litigation Forecast 2021
“New York Civil Procedure Training Series, 2025,” Crowell & Moring Webinar.
|04.30.25
“Advanced Lease Defaults: It’s not over until it’s over.” 2024 ICSC U.S. Law Conference, Panel.
|10.24.24
“Litigating Lease Terms: You know what happens when you assume…,” 2023 ICSC U.S. Law Conference, Workshop.
|10.26.23
“Signature CLE Webinar: Advanced Tools and Tips for Identifying and Avoiding Common Traps in Commercial Contracts,” ACC New York, Webinar.
|07.31.23
"New York Civil Procedure Training Series," Crowell & Moring Webinar.
|06.21.23
“New York Civil Procedure Training Series,” Crowell & Moring Webinar Series.
|2021
Practices
Industries
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.
Client Alert | 2 min read | 02.09.24
Speaking Engagement | 10.26.23
“Litigating Lease Terms: You know what happens when you assume…,” 2023 ICSC U.S. Law Conference, Workshop.


