Joshua Kopelowitz

April 25, 2023 | New York Law Journal

In Persain v. Persane, the court had occasion to consider the often thorny issue of landlord-tenant law known as the "familial exception" to the maintenance of a summary proceeding against a family member. Before discussing the Persain decision, some background on the familial exception will help set the stage.

By Joshua Kopelowitz and Michael R. Lieberman

8 minute read

December 26, 2019 | New York Law Journal

There is an open question as to whether a guarantor's promise to perform obligations other than the payment of the principal's debts disqualifies the guaranty from the purview of CPLR 3213. This article explores how that question is answered in the Second and First Departments.

By Joshua Kopelowitz and Anthony J. Virga

8 minute read

August 31, 2016 | New York Law Journal

Joshua Kopelowitz discusses using self-help to evict commercial occupants who have stayed beyond their terms. At the root of this method is knowing the difference between a license and a lease. Thus, he writes, there can be no doubt that a commercial licensor has a viable alternative to seeking a judgment of possession in court.

By Joshua Kopelowitz

21 minute read

April 10, 2014 | New York Law Journal

Rosenberg & Estis partners Jeffrey Turkel and Joshua Kopelowitz write that with no appellate authority on whether a waiver in a commercial lease of a tenant's right to seek a Yellowstone injunction is enforceable, lower courts have taken three different approaches: denial of Yellowstone relief on other grounds; refusal to enforce the waiver, on public policy or other grounds; and enforcement of the waiver.

By Jeffrey Turkel and Joshua Kopelowitz

10 minute read

February 09, 2012 | New York Law Journal

Jeffrey Turkel, a partner at Rosenberg & Estis, and Joshua Kopelowitz is an associate at the firm, write that the starting point for any discussion regarding conditions affecting the health or safety of an occupant of a New York City apartment always begins with the warranty of habitability provision found in Real Property Law �235-b.

By Jeffrey Turkel and Joshua Kopelowitz

10 minute read