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September 03, 2014 | New York Law Journal

Owner Occupancy Update Six Years After 'Pultz'

In their Rent Stabilization column, Warren A. Estis and Jeffrey Turkel of Rosenberg & Estis discuss the current landscape of owner occupancy proceedings since the 2008 case 'Pultz v. Economakis,' and write: Notwithstanding a small number of owners who have attempted to vacate entire buildings, the flood of “mass eviction” owner occupancy proceedings, feared in the wake of 'Pultz,' has not materialized.
9 minute read
August 06, 2014 | New York Law Journal

Court Allows Day Care to Operate in Residential Co-op

In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis discuss the issue of allowing day care facilities to be operated in residential buildings, and write: Bronx County has now ruled, as a matter of public policy, that restrictive covenants in proprietary leases limiting occupancy to residential use are unenforceable with respect to the operation of a licensed “group family day care home.”
9 minute read
July 17, 2014 | New York Law Journal

Personal Notes on Lawyers

Seven firms announce new additions, while Davis Polk & Wardwell has elected two new partners.
2 minute read
July 02, 2014 | New York Law Journal

Substantial Rehabilitation of Buildings as Family Units

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel discuss a recent ruling that buildings converted on or after Jan. 1, 1974 from commercial to residential use are exempt from rent stabilization, even if the owner has not satisfied all of the substantial rehabilitation requirements.
8 minute read
June 13, 2014 | New York Law Journal

Deal Reached to Settle Dispute Over Dewey Firings

Attorneys for the Dewey & LeBoeuf estate and employees who were laid off in the firm's final days have asked a judge to approve a $4.5 million settlement to resolve workers' claims of improper termination notice.
2 minute read
June 04, 2014 | New York Law Journal

Proprietary Lease 'Trumps' Business Judgment Rule

In their Landlord/Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis discuss "Kaplan v. Park South Tenants Corp," where the court issued an injunction enjoining a co-op from interfering with a tenant's alterations.
9 minute read
May 07, 2014 | New York Law Journal

Horizontal Multiple Dwellings: Then and Now

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel write: One might imagine that it is a simple matter to determine how many dwelling units a building has. Nothing in the rent regulation, however, is a simple matter.
8 minute read
April 14, 2014 | Commercial Litigation Insider

Are Yellowstone Waivers Enforceable?

Rosenberg & Estis partners Jeffrey Turkel and Joshua Kopelowitz write that with no appellate authority on whether a waiver in a commercial lease of a tenant's right to seek a Yellowstone injunction is enforceable, lower courts have taken three different approaches: denial of Yellowstone relief on other grounds; refusal to enforce the waiver, on public policy or other grounds; and enforcement of the waiver.
10 minute read
April 10, 2014 | New York Law Journal

Are Yellowstone Waivers Enforceable?

Rosenberg & Estis partners Jeffrey Turkel and Joshua Kopelowitz write that with no appellate authority on whether a waiver in a commercial lease of a tenant's right to seek a Yellowstone injunction is enforceable, lower courts have taken three different approaches: denial of Yellowstone relief on other grounds; refusal to enforce the waiver, on public policy or other grounds; and enforcement of the waiver.
10 minute read
April 02, 2014 | New York Law Journal

Appellate Court Reinstates Judgment For Landlord in 'Mogi'

In their Landlord/Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis write: When 'Mogi' I was issued in October 2012, we were concerned that at least in the Appellate Division, First Department, there were questions as to the level of deference that the appeals court would give to the trial court's factual findings in non-primary residence cases. The Court of Appeals has now put those concerns to rest.
10 minute read

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