Warren A Estis

February 05, 2014 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis write how, in a 3-2 decision, the First Department resolved the "conflict" in the department as to whether a lease provision invokes a reciprocal mandate of Real Property Law Section 234.

By Warren A. Estis and Michael E. Feinstein

13 minute read

January 08, 2014 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis, first review 'Grimm v. New York State Division of Housing and Community Renewal,' where the Court of Appeals held that the Division of Housing and Community Renewal or a court can ignore the four-year look-back period for rent overcharge claims where the tenant raises a "colorable" claim of fraud. They then discuss 'Boyd v. New York State Division of Housing and Community Renewal,' where the court held that the tenant had raised a colorable claim of fraud, which DHCR had failed to properly investigate.

By Warren A. Estis and Jeffrey Turkel

8 minute read

December 04, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis, review the issue of when is it appropriate for an attorney or agent of the landlord to issue a notice to cure or notice of termination on the landlord's behalf.

By Warren A. Estis and Michael E. Feinstein

12 minute read

November 06, 2013 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis, discuss 'Murphy v. New York State Division of Housing & Community Renewal,' where the Court of Appeals, by a 4-3 margin, determined that the DHCR had misinterpreted its own succession regulation with respect to a Mitchell-Lama tenant.

By Warren A. Estis and Jeffrey Turkel

8 minute read

September 09, 2011 | New York Law Journal

By Warren A. Estis and William J. Robbins

3 minute read

July 11, 2012 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis write that the First Department recently may have stated, in dicta, that in a building that was stabilized before the receipt of J-51 benefits, an owner can only take advantage of luxury deregulation where the benefits expire and the tenant was served with notice that the apartment would no longer be rent stabilized. If that is indeed what the First Department said, the court appears to have acted contrary to its own precedent and the governing statute.

By Warren A. Estis and Jeffrey Turkel

12 minute read

September 05, 2012 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, review decisions the New York County Supreme Court has rendered over the last three months in 'Roberts'-type cases endorsing the Appellate Term's '72A Realty v. Lucas' methodology. The question remains as to whether '72 Realty' will be affirmed by the Appellate Division, First Department.

By Warren A. Estis and Jeffrey Turkel

9 minute read

January 02, 2013 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners of Rosenberg & Estis, analyze the First Department's recent holdings that addressed how to compute stabilization rents for erroneously deregulated apartments in J-51 buildings, many of which had been renting at market rates for years, and whether luxury deregulation would again be available to owners once J-51 benefits expired.

By Warren A. Estis and Jeffrey Turkel

10 minute read

December 05, 2012 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis review a First Department decision where the majority, in reversing the Appellate Term and dismissing the landlord's non-primary residence holdover proceeding, appears not to have applied a well-established standard of review, and instead made its own findings based on an independent analysis of the evidence.

By Warren A. Estis and Michael E. Feinstein

11 minute read

July 03, 2013 | New York Law Journal

In their Rent Regulation column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, address the problems presented by zombie tenants, i.e., opportunistic imposters who assume the identity of long dead tenants of cheap rent-regulated apartments.

By Warren A. Estis and Jeffrey Turkel

9 minute read