Warren A Estis

November 03, 2010 | 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, reviews a ruling by a sharply divided Court of Appeals holding that when it appears that the "base rent" in an overcharge case is "fraudulent," the DHCR must investigate such fraud and may not use the base rent for further calculations if fraud is indeed present.

By Warren A. Estis and Jeffrey Turkel

9 minute read

August 01, 2007 | 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 case in which the court addressed whether a Yellowstone injunction is available when a notice served on a tenant provides no cure period, because the lease provision upon which it is based does not include provision for a cure.

By Warren A. Estis and William J. Robbins

12 minute read

August 02, 2006 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write that many landlord-tenant cases are resolved by a stipulation of settlement. The courts welcome stipulations of settlement as an efficient method of resolving litigation. Given the volume of cases in the trial courts, without stipulations of settlement, court calendars would be overwhelmed.

By Warren A. Estis and William J. Robbins

13 minute read

February 07, 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 summary proceedings are creatures of statute, with specific rules as to, for example, the content and manner of service of the notice of petition and petition. As a result, summary proceedings frequently are dismissed or discontinued without prejudice and not on the merits.

By Warren A. Estis and William J. Robbins

13 minute read

March 02, 2011 | 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 First Department ruling that on the question: What should happen when an owner performs a building-wide Major Capital Improvement, but some apartments do not benefit from the work due to poor workmanship?

By Warren A. Estis and Jeffrey Turkel

8 minute read

August 06, 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 the Court of Appeals made clear in 1995 that a commercial landlord is under no duty to mitigate damages where the terms of the lease do not indicate otherwise. Whether that applied to residential leases, however, had appeared uncertain until last month's decision in Rios v. Carrillo.

By Warren A. Estis and William J. Robbins

12 minute read

October 06, 2010 | New York Law Journal

Warren A. Estis and William J. Robbins, partners at Rosenberg & Estis, write: As a recent decision by a condo owner against the restaurant/lounge located directly below the apartment demonstrates, balancing the 24/7 vitality of New York City against competing quality of life concerns can sometimes be problematic and require court intervention.

By Warren A. Estis and William J. Robbins

12 minute read

October 03, 2007 | New York Law Journal

Warren A. Estis and William J. Robbins, partners at Rosenberg & Estis, review a recent decision in which the court held that the substance of the notice to cure was defective and, therefore, dismissed the proceeding. What makes the case interesting is that the flaw which the court found was that, on the facts of the case, the scope of the cure demanded was unjustified.

By Warren A. Estis and William J. Robbins

12 minute read

December 02, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write that the recent decision in Sol De Ibiza LLC v. Panjo Realty Inc. again demonstrates why the doctrine of self-help, while possessing immense allure, poses significant risks. First, uncertainty about whether the lease at issue preserves the right of self-help makes it not the option of choice. Also, the reasoning in the case seems generally to be unsympathetic to the doctrine. Concern by landlords that such an attitude might be held by many judges could be a factor contributing to a reluctance to use self-help. In short, self-help is not for the faint of heart.

By Warren A. Estis and William J. Robbins

14 minute read

July 02, 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 Court of Appeals recently held that there is no limit on the number of apartments an owner can seek to recover for personal use under the Rent Stabilization Law. They examine the facts of the case and the Court of Appeals' ruling, and also discuss additional arguments that the tenants raised before the Court of Appeals that the Court rejected without comment.

By Warren A. Estis and Jeffrey Turkel

9 minute read