943 Second Ave. Realty Company LLC V Olga Mysovskaya

Rosenberg & Estis, P.C. successfully represented the petitioner on a motion for summary judgment to evict a fair market tenant holding over after the expiration of her lease. The tenant alleged that her apartment was rent stabilized despite a DHCR order, decided over 18 years ago, holding the premises was deregulated after undergoing a substantial rehabilitation. The tenant commenced DHCR proceedings for review of the DHCR Order, alleging that same was obtained by fraud, and had previously moved for a stay during the pendency of the same, which Judge Stoller denied. The tenant sought to stay the proceeding pending an appeal of Judge Stoller's prior denial of the motion for a stay, which was denied. Judge Stoller granted our motion for summary judgment, holding that the petitioner proved by the certified DHCR order that the subject premises is not subject to the Rent Stabilization Law and as the prevailing party petitioner is entitled to recover its legal fees by the terms of the subject lease agreement.

(Civil Court, New York County, Decided February 27, 2017)

(Rosenberg & Estis, P.C. Team: Warren A. Estis, Joshua Kopelowitz and Cori A. Rosen)