Warren A Estis

November 05, 2008 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that the Appellate Division, Second Department recently sharply diverged from the Appellate Division, First Department, as to when a commercial loft that is residentially occupied can become subject to rent stabilization, and whether tenants living in such lofts, prior to legalization, must pay rent. A unanimous Second Department panel found that a landlord that allowed tenants to reside in a commercial property may eject them for violating their lease and failing to pay rent, but that it may not recover unpaid back rent.

By Warren A. Estis and Jeffrey Turkel

8 minute read

June 06, 2007 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write that a Yellowstone injunction allows a commercial tenant that has been served with a notice to cure an alleged lease default to litigate in Supreme Court whether or not there has been a default, without the risk of losing the lease if the court finds a default. The injunction tolls the running of the period of time the tenant has to cure the alleged default.

By Warren A. Estis and William J. Robbins

15 minute read

August 03, 2005 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, specializing in commercial litigation and transactions, and William J. Robbins, a partner at the firm, write about the recent decision in Czerwinski v. Hayes, where the Appellate Term overruled its own prior decisions and changed the consequences an owner faces for not registering a building as a multiple dwelling.

By Warren A. Estis and William J. Robbins

10 minute read

September 06, 2006 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that an owner must generally provide and continue to provide "required" or "essential" building-wide and apartment services to the tenants. If the owner fails to do so, the state Division of Housing and Community Renewal will order the owner to restore the service in question, and will reduce the rents of the complaining tenants until such restoration takes place.

By Warren A. Estis and Jeffrey Turkel

9 minute read

November 02, 2005 | New York Law Journal

Warren A. Estis, a founding member at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, review three recent appellate cases concerning primary residence, the four-year overcharge rule and luxury deregulation, policy issues that go to the very essence of what rent regulation should � or should not � accomplish.

By Warren A. Estis and Jeffrey Turkel

11 minute read

March 04, 2009 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, review the latest twist in a long-running landlord-tenant dispute that has reached the Court of Appeals, which had upheld the lower court's decision that the fact that a tenant owes substantial back rent as a result of a DHCR determination alone is insufficient to support a finding of undue hardship, while the latest decision holds that DHCR has discretion to give a tenant 48 months to make the repayment.

By Warren A. Estis and Jeffrey Turkel

10 minute read

February 02, 2005 | New York Law Journal

Warren A. Estis, a founding partner of Rosenberg & Estis, and William J. Robbins, a partner of the firm, write that notices sent to tenants are an integral part of landlord-tenant law. There are multiple varieties of notices, e.g., notices to cure, notices of termination, notices of non-renewal for rent stabilized apartments (commonly referred to as Golub notices). Whatever the type of notice, it is imperative that the requisite period of notice be given to the tenant.

By Warren A. Estis and William J. Robbins

14 minute read

September 07, 2005 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg Estis review the recent decision in which the Court of Appeals disagreed as to how the RSL's four year statute of limitations for overcharges should be applied where there has been a long-term illegal tenancy.

By Warren A. Estis and Jeffrey Turkel

10 minute read

February 03, 2010 | 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 First Department decision that demonstrates that the court will not tolerate a tenant's essential disregard of a stipulated rent payment schedule and of subsequently accruing rent obligations, and that extremely delayed payment, even if attorney's fees are imposed, is justice denied and inconsistent with the finality that should be accorded to stipulations.

By Warren A. Estis and William J. Robbins

13 minute read

May 03, 2006 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, write that landlords and tenants frequently enter into stipulations to settle their disputes. Enforcing such stipulations can be problematic, because both the Rent and Eviction Regulations and the Rent Stabilization Code contain provisions that generally bar tenants from waiving statutory benefits.

By Warren A. Estis and Jeffrey Turkel

10 minute read