Warren A Estis

February 06, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, write: Because the tenant's burden on a motion for a 'Yellowstone' injunction is far less than what must be shown on a motion for a "normal" preliminary injunction, it is not surprising that motions for 'Yellowstone' relief are routinely granted. On this 45th anniversary of 'Yellowstone,' however, we thought it time to examine some recent decisions in which courts have denied Yellowstone relief in certain circumstances.

By Warren A. Estis and Michael E. Feinstein

11 minute read

June 06, 2012 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Michael E. Feinstein, a partner at the firm, analyze a recent Court of Appeals case the Court of Appeals on the issue of whether an out-of-possession tenant, which had made its own improvements to the leased premises, was entitled to equitable relief under 'J.N.A.' to relieve the tenant from its inadvertent failure to timely exercise its renewal option.

By Warren A. Estis and Michael E. Feinstein

10 minute read

September 04, 2013 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis discuss how the case 'Friscia v. New York State Division of Housing and Community Renewal' answered some of the questions left open by 'Grimm v. NYSDHCR,' and conclude that the answers may give heart to landlords who have been battered by 'Grimm' and its progeny.

By Warren A. Estis and Jeffrey Turkel

9 minute read

August 01, 2012 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, review a decision that held a landlord may amend the petition at trial to recover the rent accruing after service of the predicate rent demand, without having to serve a new rent demand, formally approving the typical practice in commercial nonpayment proceedings in the Civil Court.

By Warren A. Estis and Michael E. Feinstein

10 minute read

May 02, 2012 | New York Law Journal

In their Rent Regulation column, Rosenberg & Estis partners Warren A. Estis and Jeffrey Turkel discuss the First Department's holding that the New York City Department of Housing Preservation and Development's erroneous continuation of J-51 benefits at a housing complex after the complex left the Mitchell-Lama program did not subject the complex to rent stabilization coverage.

By Warren A. Estis and Jeffrey Turkel

8 minute read

January 04, 2012 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis review two post-Roberts cases in which the Division of Housing and Community Renewal was asked to determine whether luxury deregulation is available once J-51 benefits expire, a factual distinction from Roberts, wherein J-51 benefits were still in effect.

By Warren A. Estis and Jeffrey Turkel

9 minute read

November 02, 2011 | New York Law Journal

Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis review a recent case involving major capital improvement rent increases and a landlord's upgrade to an elevator which had previously had a new controller and brake installed within the 25-year useful life schedule for such an improvement.

By Warren A. Estis and Jeffrey Turkel

8 minute read

October 02, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis, discuss various court decisions that have dealt with defining the term "family member" for purposes of ruling whether a person can be evicted as a licensee under RPAPL §713(7).

By Warren A. Estis and Michael E. Feinstein

12 minute read

May 01, 2013 | New York Law Journal

In their Rent Stabilization column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that this past Thursday, the Appellate Division, First Department, released three decisions, all of which held that tenants can waive treble damages in 'Roberts'-style class action cases so as to avoid the prohibition in the class action statute against seeking penalties.

By Warren A. Estis and Jeffrey Turkel

9 minute read

June 05, 2013 | New York Law Journal

In their Landlord-Tenant Law column, Warren A. Estis and Alexander Lycoyannis of Rosenberg & Estis write that generally, New York courts will enforce prohibitions on maintaining pets contained in leases or condominium and cooperative rules, however, exceptions arise from the provisions of the federal Fair Housing Act and state and city human rights laws which, under certain circumstances, require landlords and boards to permit residents with disabilities to keep pets.

By Warren A. Estis and Alexander Lycoyannis

12 minute read