Warren A Estis

January 05, 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, analyzes recent cases limiting loft owners' ability to collect rents and increasing the duration of their exposure for rent overcharges.

By Warren A. Estis and Jeffrey Turkel

8 minute read

December 01, 2004 | New York Law Journal

Warren A. Estis, a founding partner of Rosenberg & Estis, and William J. Robbins, a partner of the firm, revisit the issue of whether a landlord has a duty to mitigate damages where a tenant has abandoned the premises and the court finds there was no legal justification for doing so.

By Warren A. Estis and William J. Robbins

14 minute read

May 02, 2007 | 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 their rent regulated tenants frequently litigate disputes that are settled by a stipulation, "so ordered" or otherwise. In two recent cases, however, the Appellate Division, First Department held that such settlement were, in whole or in part, void as against public policy.

By Warren A. Estis and Jeffrey Turkel

8 minute read

February 04, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins a partner at the firm, write: In past articles, we have emphasized the importance of paying attention to what might be called non-substantive, procedural issues because they can be of determinative significance in a case. A recent decision in a nuisance holdover proceeding, where several deficiencies in the content of the predicate notices resulted in dismissal, illustrates the point.

By Warren A. Estis and William J. Robbins

12 minute read

November 04, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that with its Oct. 22, 2009 decision in Roberts v. Tishman Speyer Properties, L.P., the New York State Court of Appeals raised many questions whose answers will be determined in the coming months and years, both in the Roberts litigation and, absent consolidation of some kind, in hundreds, if not thousands, of individual DHCR, Civil Court and Supreme Court proceedings.

By Warren A. Estis and Jeffrey Turkel

10 minute read

May 06, 2009 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, review the recent First Department case of Hirsch v. Stewart, where a building owner unsuccessfully attempted to evict a rent-stabilized tenant after serving a barebones notice of non-renewal that stated only that the owner sought to recover possession of the apartment for his own use without including his reasons - a desire to live closer to work - establishing good faith.

By Warren A. Estis and Jeffrey Turkel

8 minute read

April 30, 2002 | New York Law Journal

In Gioia v. New York State Div. of Housing & Community Renewal , DHCR beat back an omnibus attack on a host of DHCR amendments relating to rent stabilization outside of New York City. The April 15, 2002 decision may well impact on a similar challenge, pending in Supreme Court Kings County, to recent amendments to New York City`s Rent Stabilization Code.

By Warren A. Estis And Jeffrey Turkel

10 minute read

April 02, 2002 | New York Law Journal

A recent decision by the Appellate Division, First Department in Theatre Row Phase II Associates v. National Recording Studios, Inc . 1 emphasizes that a landlord`s damages for its tenant`s unauthorized subletting might, in appropriate circumstances, include the rent collected by the tenant from its subtenant in excess of the tenant`s own rent. This article discusses the reasoning of the case and the legal precedent it cites on the issue.

By Warren A. Estis And William J. Robbins

11 minute read

September 07, 2011 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, analyze Gersten v. 56 7th Ave LLC, where the First Department addressed some of the issues that Roberts v. Tishman Speyer Properties, L.P. left unresolved, including retroactivity, statute of limitations, and the effect of final and binding DHCR orders of deregulation that were issued pre-Roberts.

By Warren A. Estis and Jeffrey Turkel

8 minute read

March 03, 2010 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, analyze a case where the Appellate Division, First Department, ruled that even where a loft unit does not fall under the Loft Law, the unit will still be subject to rent stabilization under the Emergency Tenant Protection Act.

By Warren A. Estis and Jeffrey Turkel

8 minute read