Warren A Estis

October 05, 2005 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, review the recent First Department decision which held that even though there was a partial eviction, it was so minimal that a total rent abatement would be a draconian sanction, in effect creating a de minimis exception to the thirty-five-year-old Barashrule.

By Warren A. Estis and William J. Robbins

13 minute read

November 07, 2012 | 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, write that there is cause to suspect that owners may be similarly unsuccessful when they approach HPD for additional J-51 benefits based on the fact that HPD's proportional diminution of benefits, based on the existence of so-called luxury deregulated apartments, was, in fact, in error.

By Warren A. Estis and Jeffrey Turkel

9 minute read

April 03, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, write: When residential tenants are deprived, through no fault of their landlords, of services that tenants are expected to receive, courts are already required to balance the rights of tenants and landlords alike. Courts should review the landlord's reaction to the situation, including whether the landlord responded responsibly and expeditiously, in good faith, and whether it actually alleviated the tenant's problems.

By Warren A. Estis and Michael E. Feinstein

10 minute read

December 07, 2011 | New York Law Journal

In their Landlord-Tenant Law column, Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, in-house corporate counsel at the firm, write from a landlord's perspective, it reduces the likelihood of challenge for notices to be signed by the landlord himself. That may not always be practical, they note, given the nature of a particular landlord's business.

By Warren A. Estis and William J. Robbins

12 minute read

March 07, 2012 | 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, analyze a unanimous New York State Court of Appeals ruling that where a landlord performs MCI work but that work does not benefit some apartments due to poor workmanship, the Division of Housing and Community Renewal is authorized to permanently deny MCI rent increases for those apartments.

By Warren A. Estis and Jeffrey Turkel

9 minute read

October 03, 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 case where the court was faced with the question of whether a document purporting to be a "net lease" was in fact a lease - thereby providing the "tenant" with standing under Article 7 of the Real Property Actions and Proceedings Law to evict a subtenant in the subject buildings - or was a management agreement, which accorded no such rights.

By Warren A. Estis and Michael E. Feinstein

9 minute read

February 01, 2012 | New York Law Journal

Rosenberg & Estis partners Warren A. Estis and Michael E. Feinstein write that while numerous appellate courts have observed that a 10-day stay to allow a tenant to correct a breach of a lease is imposed by statute, courts have declined to afford the tenant the benefit of the "mandatory" stay in certain circumstances, particularly where the court finds that the default is incapable of being cured within the 10-day period.

By Warren A. Estis and Michael E. Feinstein

9 minute read

April 04, 2012 | New York Law Journal

In their Landlord-Tenant Law column, Rosenberg & Estis partners Warren A. Estis and Michael E. Feinstein write that it has long been the law that a tenant that has been actually evicted, even from only a portion of the premises, can stop paying rent. But, as observed in Judge Susan Read's dissent, a recent majority of the Court of Appeals has traded that well-settled, bright-line rule for a new "de minimis" rule that depends on the degree of the physical exclusion and its impact on the tenant's use and enjoyment of the premises.

By Warren A. Estis and Michael E. Feinstein

13 minute read

September 01, 2010 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, write: The four-year statute of limitations on rent overcharges under the RSL recently celebrated its 27th birthday. Notwithstanding, courts and individual judges continue to sharply disagree as to how the so-called "four-year rule" is to be interpreted and implemented.

By Warren A. Estis and Jeffrey Turkel

9 minute read

March 06, 2013 | New York Law Journal

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, analyze a recent dismissal of an overcharge complaint where DHCR, as affirmed by the New York County Supreme Court, held that the tenant had failed to prove that a variety of inconsistencies in the rental history amounted to fraud, and therefore the agency could not look beyond the four-year look back period.

By Warren A. Estis and Jeffrey Turkel

9 minute read