Recent Litigations

Free People of PA LLC v Delshah 60 Ninth, LLC
(The Supreme Court, New York County, Decided October 18, 2017)
(R&E Team: Bradley S. Silverbush, Richard B. Corde and Nithin Jayadeva)


702-694 Rockaway Avenue Corp., vs Hancheikh Investments, LLC, et al
(The Supreme Court, Kings County, Decided October 3, 2017)
(R&E Team: Bradley S. Silverbush, Nithin Jayadeva and Jeanine Floyd)


SUSHI TATSU LLC - v. - BAHRAM BENARESH, d/b/a Bahram Benaresh Realty
(The Supreme Court, New York County, Decided August 30, 2017)
(Rosenberg & Estis, P.C. Team: Norman Flitt and Matthew B. Meisel)


Zdzislaw Zykla vs. Ryszard and Barbara Jerominek
(Civil Court, Kings County, Decided August 11, 2017) 
(Rosenberg & Estis, P.C. Team: Adam J. Lindenbaum and Meredith A. Ullman)


68-74 Thompson Realty LLC v Heard, et al.
(The Supreme Court, Appellate Term, First Department, Decided February 23, 2017) 
(Rosenberg & Estis, P.C. Team: Deborah E. Riegel, Ethan R. Cohen, and Ilya Prokopets)


Rui Qin Chen Juan, et al. v. 213 West 28 LLC
(The Supreme Court, Appellate Division, First Department, Decided April 18, 2017)
(Rosenberg & Estis, P.C. Team: Joshua R. Kopelowitz and Ilya Prokopets)


859 Ninth Avenue LLC V Shalom Mor
(Civil Court of the City of New York, Decided April 5, 2017) 
Rosenberg & Estis, P.C. Team: Michael A. Pensabene)


943 Second Ave. Realty Company LLC V Olga Mysovskaya
(Civil Court, New York County, Decided February 27, 2017) 
(Rosenberg & Estis, P.C. Team: Warren A. Estis, Joshua Kopelowitz and Cori A. Rosen)


11 Hanover Square Corp. V 11 Hanover Group LLC: Rosenberg & Estis, P.C. was successful on a motion for summary judgment seeking the dismissal of a nonpayment proceeding commenced against a commercial tenant, on the basis of (1) improper service of the predicate notice and of the notice of petition and petition, and (2) a defective rent demand, seeking amounts which had been paid by the tenant and accepted by the landlord over a week prior to the service of the rent demand.

(Civil Court, New York County, Decided January 19, 2017)
(Rosenberg & Estis, P.C. Team: Michael A. Pensabene and Cori A. Rosen)


Past Litigations


1 Perry Street LLC v. 1 Perry St. Restaurant DBA Yerba Buena: Rosenberg & Estis, P.C. successfully represented the petitioner, 1 Perry Street LLC, in the post-possession phase of a licensee holdover proceeding against a well-known downtown Manhattan restaurant. The law firm won the right to recover in excess of $150,000 in legal fees, costs, disbursements and expert witness fees, and $35,000 in use and occupancy for its client.

(Civil Court, New York County, Decided December 16, 2016)
(Rosenberg & Estis, P.C. Team: Norman Flitt and Adam Lindenbaum)


Three Amigos SJL Rest., Inc. v. Alphonse Hotel Corp., 250 West 43 Owner LLC, 250 West 43 Owner II LLC, 250 West 43 Owner III LLC, and Athene Annuity and Life Company
(Appellate Division, Decided November 15, 2016)
(Rosenberg & Estis, P.C. Team: Norman Flitt)


Tap, LLC v. 558 Seventh Ave. Corp., Jane Upton, as Sole Trustee of the Basil Schmookler and Jane Upton Revocable Trust, and Jane Upton, as Sole Trustee of the Morwin Schmookler Irrevocable Trust

(The Supreme Court, Appellate Division, First Department, Decided November 1, 2016)
(Rosenberg & Estis, P.C. Team: Michael A. Pensabene, Alexander Lycoyannis, and Ethan R. Cohen)


In the Matter of the Application of 12 Broadway Realty LLC v. New  York State Division of Housing and Community Renewal, and The 60 East 12th Street Tenants' Association, and Jeffrey  Schanback as President and Tenant Representative

(New York State Court of Appeals, Decided September 15, 2016)
(Rosenberg & Estis, P.C. Team: Jeffrey Turkel)


178 Nassau LLC v. Tobey Smith
(Civil Court Kings County, Decided August 19, 2016)
(Rosenberg & Estis, P.C. Team: Adam Lindenbaum)


M&E Christopher LLC v. Lima's Taste Ceviche Bar, Inc.
(Civil Court, New York County, Decided 04/12/2016) 
(Rosenberg & Estis, P.C. Team: Deborah E. Riegel and Joseph Goljan)


MEEC Players LLC v. Nightlife Productions Entertainment Inc. et al.
(Rosenberg & Estis, P.C. Team: Joshua R. Kopelowitz and Anthony J. Virga)


68 74 Thompson Realty LLC vs. Carolyn Heard, Yvonne Tseng et al.
(Rosenberg & Estis, P.C. Team: Deborah E. Riegel)


Greenberg v. 253 West 28th Street Corp., et al.: Rosenberg & Estis, P.C. ("Rosenberg & Estis, P.C.") successfully represented defendants Pranam LLC and Marianna Morrison, shareholders and proprietary lessees of two units in a small cooperative building, in securing summary judgment dismissal of an action commenced by fellow shareholder, Jill Greenberg. At issue in the two-year litigation was whether the plaintiff was entitled to certain shares apportioned to the building's roof, and whether the plaintiff possessed a sufficient shareholder majority to block the sales of four units to a developer. Justice Barry Ostrager granted R&E's motion for summary judgment in a bench ruling during oral argument.

(Supreme Court, New York County, Decided 03/23/2016)
(Rosenberg & Estis, P.C. Team: Jason R. Davidson and Joseph Goljan)


Bleecker St. Invs., LLC v Zabari

(Supreme Court, Appellate Term, First Department, Civil Court, Decided 03/08/16)
(Rosenberg & Estis, P.C. Team: Jason R. Davidson , Alexander Lycoyannis and Ethan R. Cohen )


486 E. 74th LLC v. Bruce Markowitz

(Civil Court, New York County, Housing Part F, Decided 03/03/16)
(Rosenberg & Estis, P.C. Team: Brett B. Theis and Anthony J. Virga )


Paramount Leasehold, L.P., vs. 43 rd Street Deli, Inc., d/b/a Bella Vita Pizzeria

(Supreme Court, Appellate Division, First Department, Decided 02/23/16)
(Rosenberg & Estis, P.C. Team: Norman Flitt and Alexander Lycoyannis )


Plaza Tower LLC v. Ruth's Hospitality Group Inc.

(Supreme Court, New York County, Decided 01/28/16)
(Rosenberg & Estis, P.C. Team: Jason R. Davidson and Anthony J. Virga )


The Carlyle, LLC v. Quik Park Beekman II, LLC, Quik Park Beekman LLC, Beekman Garage LLC and Quik Park 1633 Garage LLC

(Rosenberg & Estis, P.C. Team: Warren A. Estis, Norman Flitt and Adam J. Lindenbaum.)


101 Silver Corp., and A and E Limited Partnership v. 101 Ave A, LLC

(Supreme Court, New York County, Commercial Division, Decided 10/23/2015)
(Rosenberg & Estis, P.C. Team: Warren A. Estis and Michael E. Feinstein)


Lundy's Management Corp. v Sheepshead Restaurant Associates Inc.

(Supreme Court, New York County, Civil Court, Decided 09/23/15)
(Rosenberg & Estis, P.C. Team: Brett B. Theis)


Plaza Tower LLC v. Ruth's Hospitality Group Inc. (appeal) : Rosenberg & Estis, P.C. successfully represented the plaintiff-landlord, Plaza Tower LLC, in an action to collect unpaid charges due under a commercial lease from the tenant, Ruth's Chris Steak House. When the restaurant tenant failed to pay additional rent, Rosenberg & Estis sued the guarantor on the lease, Ruth's Chris Steak House's parent entity. After Supreme Court partially denied the landlord's motion for summary judgment, Rosenberg & Estis perfected an appeal in a mere two weeks. Within three weeks of oral argument of the appeal, the Appellate Division, First Department unanimously reversed Supreme Court, and awarded summary judgment to our client on all of the charges sought.

(Appellate Division, First Department, Decided 03/19/15, case reported at Plaza Tower LLC v Ruth's Hospitality Group, Inc., 126 AD3d 579 (1st Dept 2015)
(Rosenberg & Estis, P.C. Team: Jason R. Davidson)


East River Housing Corp. v. N.Y. State Division of Human Rights

(United States District Court, Southern District of New York - Decided: 03/19/2015)
(Rosenberg & Estis, P.C. Team: Bradley S. Silverbush , Anthony J. Virga and Nithin E. Jayadeva , for plaintiff)


Sixth Lenox Terrace Associates v Clendenin: R&E successfully represented Sixth Lenox Terrace Associates, in a non-payment proceeding. After we obtained interim orders from the court requiring the tenant to pay rent, the tenant made only a portion of the court-ordered payments. We moved for an order, among other things, striking the tenant's four affirmative defenses and three counterclaims. The court granted our motion and gave us a quick trial date at which the tenant is precluded from asserting his defenses.

(Civil Court, New York County - Decided: 02/26/2015)
(Rosenberg & Estis, P.C. Team: Jeanine Floyd, for petitioner)


A.E.C. Consulting & Expediting, INC v. 949 Park Development LLC

(Decision/Order dated November 20, 2014)
(Rosenberg & Estis, P.C. Team: Devin P. Kosar, for defendants)


315 East 65th Parking LLC v. 315 East 65th Owners Corp.

(Supreme Court, New York County; decided November 19, 2014)
(Rosenberg & Estis, P.C. team: Luise A. Barrack and Alexander Lycoyannis )


Randolph Jones Living Trust v. Eric Jones

(Civil Court of the City of New York: County of Kings - Decided: November 17, 2014)
(Rosenberg & Estis, P.C. Team: Neil C. Dwork for petitioner)


184 Joralemon LLC v. Brklyn Hts Condos, LLC, et al.: Rosenberg & Estis, P.C. successfully enforced a liquidated damages provision of a contract of sale which permitted Brooklyn Law School's contract assignee to retain a $1,262,000.00 contract deposit due to a purchaser's failure to close. Rosenberg & Estis, P.C. also successfully moved for the dismissal of nine third-party claims asserted by the defendant against Brooklyn Law School and four other individual third-party defendants, including claims for breach of contract, breach of the covenant of good faith and fair dealing, tortious interference with contract and prospective business opportunity, prima facie tort, misrepresentation and conversion.

(Order/Judgment of the Supreme Court, Kings County (Pfau, J.), dated August 14, 2012, affirmed by the Appellate Division, 2nd Department on May 7, 2014.)
(Rosenberg & Estis, P.C. Team: Jeffrey Turkel , Deborah E. Riegel and Brett B. Theis, for plaintiff)


S&P Associates of New York LLC v. Vera Salnikova and Ronald Stone

(Civil Court, New York - Decided: October 17, 2011)
(Rosenberg & Estis, P.C. Team: Deborah E. Riegel and Brett B. Theis, for petitioner)


In re Metropolitan Transit Authority (Fulton Street Transit Center): Appellate Division affirmed Supreme Court's condemnation award in favor of our client of over $35 million, and also affirmed the award of attorneys' fees and expenses based on fact that the condemnation award was so far in excess of the MTA's initial offer of just compensation.

(Supreme Court, Appellate Division, First Department, New York - Decided: July 21, 2011)
(Rosenberg & Estis, P.C. Team: Warren A. Estis , Michael E. Feinstein and Jeffrey Turkel, for DLR Properties, LLC, respondent)


Tenant v. Manhattan Skyline Management Corp. : Order declaring that no illusory prime tenancy existed based upon the fact that they entered into possession of the apartment as subtenants after the legal monthly rent exceeded $2000 and Plaintiffs were not entitled to any greater rights than they would have had if they entered into a lease after the tenant vacated.

(Supreme Court, Appellate Division, First Department, New York - Decided: June 16, 2011)
(Rosenberg & Estis, P.C. Team: Deborah E. Riegel and Alexander Lycoyannis , for respondents)


Modern Art Services, Ltd v. OCA Long Island City, LLC

(Appellate Division, Second Department - Decided: May 17, 2011)
(Rosenberg & Estis, P.C. Team: Jeffrey Turkel , for appellant)


Estate of Spitz v. Pokoik: The Supreme Court, Appellate Division, held that the breach of fiduciary duty claims arising out of the co-tenant's sale of an apartment to his son, allegedly at below-market price, did not fall within the scope of earlier release.

(Supreme Court, Appellate Division, First Department, New York - Decided: April 14, 2011)

(Rosenberg & Estis, P.C. Attorney: Norman Flitt, for respondent-appellant)


Casado v. Markus

(Court of Appeals of New York - Decided: March 24, 2011)

(Rosenberg & Estis, P.C. Team: Jeffrey Turkel and Alexander Lycoyannis, for Rent Stabilization Association of New York City, Inc. and another, amici curiae)