Howard W. Kingsley

Howard W. Kingsley joined Rosenberg & Estis, P.C. in 1998. He is a partner in the firm's litigation department who has successfully handled and tried many complex issues in real estate, commercial, and landlord-tenant litigation in state, federal and bankruptcy courts. Mr. Kingsley has recently focused on commercial mortgage foreclosures. For example, Mr. Kingsley successfully obtained summary judgment for a special servicer of a CMBS and the right to foreclose on a $195 million mortgage covering almost 50 properties in Manhattan. He also represents purchasers of distressed mortgage loans in foreclosure as a strategy for obtaining large and valuable vacant development sites in New York City.

Mr. Kingsley has effectively used his commercial landlord-tenant expertise to aggressively protect landlords in bankruptcy court when other attorneys seem to let the debtor control the landlord. Mr. Kingsley has also litigated construction disputes, including defending claims against mechanics who have filed liens in the millions of dollars against the commercial real property.

Some other representative cases demonstrating Mr. Kingsley's deft litigation skills include cases which were featured on the front page of The New York Law Journal, such as successfully obtaining for Carnegie Hall possession of more than 50 apartments in the tower above the famed concert hall, which enabled a gut rehabilitation of the tower to enhance the institution's commitment to its non-profit mission of making great music accessible to as many people as possible, and successfully obtaining summary judgment to void a stipulation as against public policy, which decision was affirmed by the New York State Court of Appeals. Other examples include successfully obtaining a directed verdict during a jury trial entitling the landlord to take possession of a 400-bed nursing home and a $20 million money judgment, and trying a non-primary residence case against a known rock musician, which was affirmed on appeal.

Mr. Kingsley has authored articles appearing in legal journals and has also volunteered his time as an arbitrator.

Selected Cases and Representations

• Carnegie Hall Corp. v. Niffenegger, 18 Misc.3d 490, 852 N.Y.S.2d 663. "Carnegie Hall May Evict Tenants from its Towers, Housing Court Decides," 12/5/07 NYLJ, p. 1, col. 3.
• Successfully obtained summary judgment to void a stipulation as against public policy, which decision was affirmed by the New York State Court of Appeals. Riverside Syndicate, Inc. v. Munroe, 10 N.Y.3d 18, 853 N.Y.S.2d 263 (2008); "Stipulation is Found to Violate Public Policy," 4/9/07 NYLJ, p. 1, col. 3.
• Successfully obtained for Special Servicer C-III summary judgment and the right to foreclose on a $195 million mortgage covering almost 50 properties in Manhattan, which mortgage was a CMBS.
• After successfully removing a case from Supreme Court to Bankruptcy Court, obtained for the Paramount Group summary judgment and defeated a sub-tenant's motion for a preliminary injunction with respect to a valuable floor of office space. Alstra Capital Management LLC v. PGREF I 1633 Broadway Tower LP, 2009 WL 2905759 (Bkrtcy.S.D.N.Y.).
• Successfully reversed order striking pleading and vacating $9 million judgment, W&W Glass, LLC v. 1113 York Ave. Realty Co., Inc., 83 A.D.3d 438, 920 N.Y.S.2d 347 (1st Dep't 2011).
• For Durst-Fetner Residential, successfully defeated the attempt of the last commercial tenant of large vacant development to avoid eviction by filing for bankruptcy protection in less than one month after the filing.
• Successfully tried non-primary residence case against rock musician Johnny Winter. 501 East 87th St. Realty Co., LLC v. Ole Pa Enterprises Inc., 191 Misc.2d 796, 745 N.Y.S.2d 827 (Sup. Ct. N.Y. Co. 2002), aff'd 304 A.D.2d 310, 757 N.Y.S.2d 31 (1st Dep't 2003).