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March 16, 2015 | New York Law Journal

Discovery Delays Result in Attorney Fee Sanctions

The First Department confirmed Tuesday a sanction over a defendant's delaying for nearly a year production of emails, but faulted a hearing officer's assessment procedure, while a similar discovery delay in a separate Commercial Division case resulted in sanctions against Rosenberg & Estis for the second time.
3 minute read
March 16, 2015 | New York Law Journal

Discovery Delays Result in Attorney Fee Sanctions

The First Department confirmed Tuesday a sanction over a defendant's delaying for nearly a year production of emails, but faulted a hearing officer's assessment procedure, while a similar discovery delay in a separate Commercial Division case resulted in sanctions against Rosenberg & Estis for the second time.
3 minute read
March 10, 2015 | New York Law Journal

Judge Declines to Drop U.S. Suit for Dog Owners

A case brought by the Manhattan U.S. attorney's office to vindicate dog owners' rights to have their pets notwithstanding an apartment complex's "no-pets" rule beat back a summary judgment motion last week.
2 minute read
March 10, 2015 | New York Law Journal

Judge Declines to Drop U.S. Suit for Dog Owners

A case brought by the Manhattan U.S. attorney's office to vindicate dog owners' rights to have their pets notwithstanding an apartment complex's "no-pets" rule beat back a summary judgment motion last week.
2 minute read
March 04, 2015 | New York Law Journal

Four Year Rule: More Confusion

In their Rent Stabilization Column, Warren A. Estis and Jeffrey Turkel write: The Court of Appeals' Feb. 24, 2015 ruling in 'Conason v. Megan Holding' constitutes the high court's latest attempt to clarify the four-year rule, and features a spirited dissent by Judge Eugene F. Pigott.
9 minute read
February 04, 2015 | New York Law Journal

Court Rejects 'Colorable Claim' Standard for Attorney Fees

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis, discuss the First Department Appellate Division's ruling in "251 CPW Housing v. Pastreich," where the court rejected the Appellate Term's "colorable claim" standard as a basis for denying attorney fees.
10 minute read
February 03, 2015 | New York Law Journal

Court Rejects 'Colorable Claim' Standard for Attorney Fees

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis, discuss the First Department Appellate Division's ruling in "251 CPW Housing v. Pastreich," where the court rejected the Appellate Term's "colorable claim" standard as a basis for denying attorney fees.
10 minute read
January 22, 2015 | Commercial Litigation Insider

The Enforceability of No-Waiver Provisions in Commercial Leases

As with any other provision in a negotiated commercial lease between sophisticated parties of relatively even bargaining power, courts will generally enforce "no waiver" provisions. Nevertheless, courts sometime hold — again, as with any other commercial lease provision -- that no-waiver provisions can themselves be waived.
8 minute read
January 07, 2015 | New York Law Journal

Court of Appeals Facilitates Class Actions in J-51 Suits

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss how the Court of Appeals now allows class actions for New York City tenants bringing J-51 rent overcharge lawsuits.
9 minute read
December 23, 2014 | New York Law Journal

Rent-Controlled Tenant Found Airbnb 'Profiteering'

A woman has been "profiteering" from her rent-controlled Central Park duplex by renting out bedrooms through the website Airbnb in violation of city and state laws, according to a Manhattan Supreme Court Justice.
5 minute read

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