Michael A Pensabene

Michael A Pensabene

August 09, 2024 | New York Law Journal

Defending a Co-op Against Derivative Claims: A Look Back to 'Auerbach'

"Dismissing the derivative claims from the lawsuit can significantly change the posture of the litigation and substantially narrow the issues in the case," writes Michael A. Pensabene of Rosenberg & Estis.

By Michael A. Pensabene

10 minute read

October 03, 2023 | New York Law Journal

Are Inclusionary Air Rights Unique? Specific Performance Revisited

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

January 31, 2023 | New York Law Journal

'Best Efforts' Clauses in Commercial Leases

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