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May 15, 2003 | New York Law Journal

Law Partner Gets Five-Year Suspension For Neglecting Cases Over a Decade

6 minute read
February 07, 2007 | New York Law Journal

Golub Notice

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.
13 minute read
March 07, 2012 | New York Law Journal

DHCR's Major Capital Improvement Policy Upheld

In their Rent Regulation column, Warren A. Estis, a founding partner at Rosenberg & Estis, and Jeffrey Turkel, a partner at the firm, analyze a unanimous New York State Court of Appeals ruling that where a landlord performs MCI work but that work does not benefit some apartments due to poor workmanship, the Division of Housing and Community Renewal is authorized to permanently deny MCI rent increases for those apartments.
9 minute read
February 01, 2012 | New York Law Journal

Tenants Not Always Afforded 'Mandatory' 10-Day Stay

Rosenberg & Estis partners Warren A. Estis and Michael E. Feinstein write that while numerous appellate courts have observed that a 10-day stay to allow a tenant to correct a breach of a lease is imposed by statute, courts have declined to afford the tenant the benefit of the "mandatory" stay in certain circumstances, particularly where the court finds that the default is incapable of being cured within the 10-day period.
9 minute read
September 01, 2010 | New York Law Journal

Four-Year Rule Continues to Bedevil the Courts

Warren A. Estis and Jeffrey Turkel, partners at Rosenberg & Estis, write: The four-year statute of limitations on rent overcharges under the RSL recently celebrated its 27th birthday. Notwithstanding, courts and individual judges continue to sharply disagree as to how the so-called "four-year rule" is to be interpreted and implemented.
9 minute read
November 23, 2011 | New York Law Journal

Daffy's Wins Bid to Keep Its Lease Despite Late Notice of Renewal

Justice Saxe, writing for the First Department panel, said that the landlord was not prejudiced by Daffy's delay, that the delay was "an honest mistake," and that the store had garnered substantial goodwill in its 15 years at that location, an asset which would be damaged by its ouster.
5 minute read
July 17, 2003 | Law.com

Personal Knowledge of Malpractice Can't Be Imputed to Firm

Just the fact that a partner had a long history of misconduct doesn't necessarily mean his firm knew about it, a New York court has found. Manhattan Supreme Court Justice Herman Cahn found for a landlord-tenant firm, which sued Chicago Insurance Co. to compel it to provide a defense to malpractice claims arising from a partner's misdeeds. The insurer had refused on the grounds that the partner's knowledge of his misconduct should be imputed to the firm.
3 minute read
December 01, 2004 | New York Law Journal

Mitigation of Damages

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.
14 minute read
April 02, 2008 | New York Law Journal

Attorney's Fees

Warren A. Estis, a founding partner at Rosenberg & Estis, and William J. Robbins, a partner at the firm, write that how a landlord frames its pleadings with respect to attorney's fees can be of determinative significance in whether a prevailing tenant will be able to trigger the reciprocal provisions of RPL �234.
11 minute read

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