Warren A Estis

November 07, 2007 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, write that a divided appellate panel recently held that for purposes of determining whether an owner has rebutted the presumption that an overcharge is willful, DHCR or a court may look at evidence relating to a time that predates the four-year overcharge look-back period.

By Warren A. Estis and Jeffrey Turkel

9 minute read

July 05, 2006 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg Estis, and Jeffrey Turkel, a partner at the firm, review Zagrosik v. New York State Division of Housing and Community Renewal, in which the court held that domestic partners are not entitled to be added to a rent-stabilized lease, although they are entitled to succession rights after the named tenant vacates.

By Warren A. Estis and Jeffrey Turkel

8 minute read

December 03, 2008 | 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 Second Department decision where the court highlighted a divergence from the First Department on two key issues: under what circumstances the Emergency Tenant Protection Act of 1974, and the protections of rent stabilization, might be applicable to commercial premises illegally converted to residential use; and the scope of equitable estoppel against a tenant in such premises asserting a defense for non-payment of rent based on Multiple Dwelling Law �302, which bars the owner of a multiple dwelling for which there is no valid certificate of occupancy for residential use from recovering rent for such premises.

By Warren A. Estis and William J. Robbins

14 minute read

October 01, 2008 | New York Law Journal

Warren A. Estis and William J. Robbins, partners at Rosenberg & Estis, review a recent decision where a Brooklyn Civil Court judge addressed whether the late filing of the affidavit of service deprives the court of personal jurisdiction over the respondent or subject matter jurisdiction over the proceeding, or whether it is a de minimus error subject to correction.

By Warren A. Estis and William J. Robbins

15 minute read

January 03, 2007 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg Estis, review a recent case that highlights an ongoing controversy surrounding the intersection of preferential rent clauses and the 2003 amendment to the Rent Stabilization Law that unilaterally allows landlords to discontinue such rents at the end of a lease term.

By Warren A. Estis and Jeffrey Turkel

9 minute read

February 02, 2011 | New York Law Journal

In their Commercial Landlord/Tenant column, Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write that no universally applicable, general rule can be stated as to the efficacy of serving a respondent by serving an employee of a different entity. That determination, they caution, will be very fact specific.

By Warren A. Estis and William J. Robbins

12 minute read

December 07, 2005 | 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 case in which the court enforced a clause that set forth the remedies available to the buyer when the seller was unable to satisfy a stated condition of the contract, in this case, a property free of tenants.

By Warren A. Estis and William J. Robbins

11 minute read

May 05, 2010 | New York Law Journal

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, write: As the dust continues to settle, some of these questions raised in Roberts v. Tishman Speyer Properties are now being answered. Indeed, the state Division of Housing and Community Renewal has issued two clarifying rulings in recent weeks. In addition, proposed legislation would allow landlords to avoid the consequences of Roberts by refunding past J-51 benefits and waiving future benefits.

By Warren A. Estis and Jeffrey Turkel

9 minute read

August 04, 2010 | New York Law Journal

In their landlord/tenant law column, Warren A. Estis and William J. Robbins of Rosenberg & Estis discuss a recent decision which addressed the issue of the rights of an incoming commercial tenant when there is a delay in the completion of an ongoing elevator renovation.

By Warren A. Estis and William J. Robbins

13 minute read

April 04, 2007 | New York Law Journal

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, discuss a recent Civil Court decision which reviewed various principles concerning the requisite content of the predicate notice needed to commence an owner occupancy proceeding and some of the legal precedent the decision cited.

By Warren A. Estis and William J. Robbins

12 minute read