Warren A Estis

August 07, 2013 | New York Law Journal

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein, partners at Rosenberg & Estis, discuss the recent decision '433 Sutton Corp. v. Broder,' which held that notwithstanding the Supreme Court's finding that both the landlord and the tenant violated portions of the lease, the tenant was entitled to attorney fees as the prevailing party.

By Warren A. Estis and Michael E. Feinstein

12 minute read

April 02, 2008 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write that how a landlord frames its pleadings with respect to attorney's fees can be of determinative significance in whether a prevailing tenant will be able to trigger the reciprocal provisions of RPL �234.

By Warren A. Estis and William J. Robbins

11 minute read

January 06, 2010 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, analyze a recent decision by New York County Supreme Court Justice Alice Schlesinger in which she upheld a provision of the Rent Stabilization Code which states that prior regulation under Mitchell-Lama does not, of itself, allow a landlord to obtain rent increases for "unique or peculiar" circumstances under rent stabilization.

By Warren A. Estis and Jeffrey Turkel

10 minute read

October 07, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, review a recent decision where the court held that the deference due to a cooperative board's decision to terminate the tenancy of an objectionable person did not mean rubber-stamping that decision when the tenant was only warned directly of the complaint against her once three years previously.

By Warren A. Estis and William J. Robbins

14 minute read

June 03, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write: Most landlord-tenant practitioners are generally aware of the Bankruptcy Code provision for an automatic stay of a summary proceeding upon a tenant's filing of a bankruptcy petition. A recent decision by Southern District Bankruptcy Judge Martin Glenn however, shows that there are numerous intricacies that can affect the applicability of that doctrine in a particular fact situation.

By Warren A. Estis and William J. Robbins

12 minute read

September 02, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that in a recent Article 78 proceeding Justice Martin Schneier held that even absent a showing of good cause, DHCR must accept evidence for the first time on administrative review, at least where the proffered evidence pertains to the threshold issue of whether the apartment is subject to rent stabilization at all.

By Warren A. Estis and Jeffrey Turkel

8 minute read

April 06, 2011 | New York Law Journal

Warren A. Estis and William J. Robbins, partners at Rosenberg & Estis, review a recent First Department decision that underscores the determinative significance to Yellowstone litigation of expiration of the cure period. It also shows the importance of practitioners paying attention to the ready and able to cure prong of the Yellowstone standard.

By Warren A. Estis and William J. Robbins

16 minute read

September 03, 2008 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, review First Hudson Capital, LLC v. Seaborn in which the majority found that a tenant could not be evicted for charging his roommates a disproportionate share of the stabilized rent, but the dissent argued that interpretation of the statute would mean the section had little or no point.

By Warren A. Estis and Jeffrey Turkel

8 minute read

January 04, 2006 | New York Law Journal

Warren A. Estis, a founding member of Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that while rent-regulated tenancies are seemingly indestructible, rent-regulated buildings are not. Not surprisingly, some landlords would rather tear down severely damaged rent-regulated buildings than repair them. Such landlords succeed only where the damage is so extensive that rebuilding is either economically or physically infeasible.

By Warren A. Estis and Jeffrey Turkel

13 minute read

February 01, 2006 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, ap partner at the firm, write that while there are circumstances where predicate notices have been held to survive termination of a proceeding, in general a predicate notice might be said to have more in common with a "one shot wonder" than it does with a nine-lived cat.

By Warren A. Estis and William J. Robbins

9 minute read