Gary M Rosenberg

October 01, 2024 | New York Law Journal

To appeal or not to appeal, that is a question faced eventually by every litigator. But questions relating to the facts of a case or the applicable law aside (for the moment), what do the statistics demonstrate for the appellate practitioner?

By Gary M. Rosenberg and Bradley Silverbush

8 minute read

August 06, 2024 | New York Law Journal

Gary Rosenberg and Ethan Cohen explore the part of bill S-2980-C in which the Legislature retroactively defined when a tenant is considered to have "permanently vacated" a rent-stabilized apartment for purposes of determining succession rights for family members, which was previously undefined by the Legislature.

By Gary M. Rosenberg and Ethan R. Cohen

12 minute read

June 04, 2024 | New York Law Journal

On April 20, 2024 the Good Cause Eviction Law (GCE) was signed into law. Basically, it limits unreasonable rent increases for units that are not already subject to rent regulation, ensures that existing tenants of unregulated apartments are offered renewal leases, and curbs the eviction of free-market tenants except if the owner has "good cause." This article will explore the origins of GCE and explain its key components.

By Anthony J. Virga and Gary M. Rosenberg

10 minute read

February 06, 2024 | New York Law Journal

An update on the status of Assembly Bill A-6216-B and Senate Bill S-2980-C and the significant changes to the original text of Part B of the bill that are expected to be passed by the Legislature soon using "chapter amendments."

By Gary M. Rosenberg and Ethan R. Cohen

12 minute read

December 05, 2023 | New York Law Journal

Regardless of intent, residential real estate professionals, owners, and landlords in New York could be violating New York's complex human rights law. Here, attorney, Cori Rosen, the expert human rights attorney at Rosenberg & Estis, along R&E members Gary Rosenberg and Ethan Cohen, explore the obligations of real estate professionals, and the best ways to mitigate exposure to opportunistic litigation.

By Gary M. Rosenberg, Cori A. Rosen and Ethan R. Cohen

8 minute read

October 03, 2023 | New York Law Journal

In this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."

By Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen

13 minute read

August 01, 2023 | New York Law Journal

The Legislature, in reaction to recent court decisions, has made a belated effort to retroactively redefine "fraud" in the context of pre-HSTPA claims, passing a bill that would effectively deem any past violation of any law or duty by a landlord to constitute fraud.

By Gary M. Rosenberg and Ethan R. Cohen

12 minute read

June 06, 2023 | New York Law Journal

Litigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.

By Gary M. Rosenberg, Alexander Lycoyannis and Brendan J. Derr

7 minute read

April 04, 2023 | New York Law Journal

Liquidated damages clauses are typically (and increasingly) fertile ground for litigation, as evidenced by an extensive and growing body of caselaw on the topic, discussed here.

By Gary M. Rosenberg, Alexander Lycoyannis and Dejan Kezunovic

7 minute read

January 31, 2023 | New York Law Journal

The enforceability of undefined terms such as "best efforts" often turns on how the commercial lease is drafted. This article discusses how New York courts interpret and enforce these "efforts" clauses.

By Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene

7 minute read