Joshua Kopelowitz

Joshua KopelowitzView PDF

Joshua Kopelowitz

New York, New York

Joshua Kopelowitz, AV Rated by Martindale Hubbell, joined Rosenberg & Estis, P.C. in 2007 and is a member with the firm's Litigation Department. He is a fierce advocate for his clients, practicing in the area of civil litigation. His results-oriented approach gives his clients the confidence to engage Mr. Kopelowitz in a broad array of lawsuits, appeals and transactions involving a variety of issues such as leasing, landlord-tenant law, air rights, complex commercial litigation, easements and construction law.

A substantial part of Mr. Kopelowitz’s practice focuses on representing landlords and developers in negotiations, complex litigations and alternative dispute resolution in an array of areas including commercial/residential leasing, rent regulatory matters, brokerage claims and contracts.

Most recently, Mr. Kopelowitz used his litigation acumen in a New York Supreme Court case involving a rent-controlled tenant who used her Central Park duplex apartment as a bed and breakfast by soliciting transient guests on As reported by the New York Post, and other media outlets, Mr. Kopelowitz successfully secured a temporary restraining order in favor of a landlord which enjoined the rent-controlled tenant from using her apartment as a bed and breakfast.

Mr. Kopelowitz's ability to comprehend complex issues quickly has allowed him to aid his clients in matters both within the real estate sphere and out. He has successfully defended a respondent before the New York Immigration Court; negotiated valuable air rights; defended debtor in bankruptcy; negotiated an adverse possession claim; successfully tried a commercial lease holdover proceeding on behalf of a landlord; and represented a major developer in a mesothelioma action. Of late, he successfully secured a dismissal from the Supreme Court of Queens County of all of plaintiff's negligence and construction law claims against a landlord.

  • Martindale Hubbell AV Rated 2019
  • Kopelowitz

Year Joined Firm

  • 2007

Areas of Practice

  • Litigation (Commercial)
  • Litigation (Real Estate)
  • Landlord Tenant Law
  • Condominium/Cooperative Law
  • Premises Liability
  • Construction Accidents

Bar Admissions

  • New York, 2004
  • U.S. District Court Southern District of New York, 2006
  • U.S. District Court Eastern District of New York, 2006


  • Brooklyn Law School
    • J.D. - 2003
  • Indiana University
    • B.S. - 2000
    • Honors: Fanny Henning Memorial Scholarship, Jewish Community Centers of America

Published Works

  • Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable, New York Real Estate Law Reporter, Volume 35, Number 8, 2019
  • As It Turns Out, Yellowstone Waivers Are Enforceable, New York Real Estate Law Reporter, Volume 34, Number 5, 2018
  • Common Law Right to Use Self-Help to Evict a Commercial Licensee - New York Law Journal, September 1, 2016
  • Are Yellowstone Waivers Enforceable? - New York Law Journal, April 16, 2014
  • Who Is Responsible For Eradicating Bedbugs? - New York Law Journal, February 9, 2012

Representative Cases

  • River Tower Owner, LLC v 140 West 57th Street Corp., 172, AD3d 537 (1st Dept 2019)
  • 159 West 23rd LLC v Spa Ciel De NY Corp., 2019 NY Slip Op 50592(U) (Civ Ct NY Co 2019)
  • Michael Lutin v SAP V/A Atlas 845 WEA Associates NF, LLC, et. al., 66 NYS3d 349 (1st Dept 2018)
  • Rui Qin Chen Juan, et. al. v 213 West 28 LLC, 2017 WL 1378434 (1st Dept 2017)
  • Noah Trading Co., Inc. v Robert Bell, 2017 WL 2226358 (Sup Ct NY Co 2017)
  • Noah Trading Co. Inc. v. Bell, 54 Misc3d 134(A) (App Term 1st Dept 2017)
  • Queens Canaan Church v. Fellowship Deaconry Inc., 2015 WL 5164648 (Sup Ct Queens Co 2015)
  • Brookford, LLC v. Penraat, 2014 WL 7201736 (2014), 2014 N.Y. Slip Op. 24399 (N.Y. Sup. Ct. 2014)
  • Flushing Expo, Inc. v. New World Mall, LLC, 116 A.D.3d 826, 985 N.Y.S.2d 247 (2d Dep’t 2014)
  • 679 Realty, LLC v. Smith-Bernet, Inc., 2011 WL 1480905 (2011), 2011 N.Y. Slip op. 30943(U) (N.Y. Sup. Ct. 2011)

Honors and Awards

  • AV Rated by Martindale Hubbell
  • Selected for inclusion in New York Super Lawyers, 2019

Professional Associations and Memberships

  • Board of Zoning Appeals for the Village of Roslyn Harbor, Member