2018 Litigation Archive

Estate of Edward Chaplin v 4 Arts Cooperative: In a proceeding by a coop against a shareholder to recover unpaid maintenance, the shareholder defended the claim on the grounds that the shareholder had a prior action pending against the coop based upon purported conditions in the premises. Rosenberg & Estis, P.C. obtained summary judgment on behalf of the coop, successfully arguing that Ensley could not assert the same claims raised in her Supreme Court action as defenses in the summary proceeding because of her election of remedies. 

(Supreme Court of the State of New York, New York County, Decided December 7, 2018)
(Rosenberg & Estis, P.C. Team: Bradley S. Silverbush and Richard B. Corde)


In the Matter of the Petition of: Syracuse 727 LLC, QPK Design, Hueber-Breuer
(State of New York Department of State, Southern Region - Board of Review, Decided December 7, 2018)
(Rosenberg & Estis, P.C. Team: Bradley S. Silverbush and Richard B. Corde)


West Village Houses Renters Union v WVH Housing Development Fund Corporation: As non-purchasing tenants of a coop corporation, Plaintiffs argued they were entitled to continuation of their rent stabilization protections. Representing the owner, Rosenberg & Estis, P.C. moved for summary judgment dismissing the complaint. Court agreed with R&E's arguments and dismissed Plaintiff's claims. All unsold units at WVH currently owned by R&E's client, Court ruled, are not subject to rent regulation. R&E proved before the Court that the buildings of discussion were never subject to Rent Stabilization Law by virtue the receipt of J-51 benefits, making non-purchasing tenants ineligible for rent stabilization protections.

(Supreme Court of the State of New York, New York County, Decided October 19, 2018)
(Rosenberg & Estis, P.C. Team: Jeffrey Turkel and Michael E. Feinstein)


River Tower Owner, LLC v 140 West 57th Street Corp: Rosenberg & Estis, P.C. was successful in securing summary judgment on behalf of the owner,which included the voiding of an improper rent stabilized residential lease entered into in 1991 by and between tenant and prior owner (both of which are entities controlled by Harry Macklowe). Court also granted R&E's request for tenant's ejectment and awarded our client its legal fees.

(Supreme Court of the State of New York, New York County, Decided October 3, 2018)
(Rosenberg & Estis, P.C. Team: Blaine Z. Schwadel and Joshua Kopelowitz)


475 Kent Owner, LLC v Estrada and Jacobson
(Office of Administrative Trials and Hearings, Recommended to the Loft Board July 12, 2018)
(Rosenberg & Estis, P.C. Team: Jason R. Davidson and Anthony J. Virga)


475 Kent Owner, LLC v Coventry
(Office of Administrative Trials and Hearings, Recommended to the Loft Board July 12, 2018)
(Rosenberg & Estis, P.C. Team: Jason R. Davidson and Anthony J. Virga)


Verina Hixon v 12-14 East 64th Owners Corp.
(Supreme Court of the State of New York, New York County, Decided June 20, 2018) 
(Rosenberg & Estis, P.C. Team: Bradley S. Silverbush and Anthony J. Virga)


10 West 57 th Street LLC v Metropolitan Fine Arts & Antiques, Inc.
(Appellate Division, First Department, Decided June 14, 2018)
(Rosenberg & Estis, P.C. Team: Warren A. Estis, Norman FlittBradley S. Silverbush and Richard B. Corde)


Wassel Corp v Schelzen Islamaj
(Supreme Court of the State of New York, New York County, Decided April 19, 2018)  
(Rosenberg & Estis, P.C. Team: Bradley S. Silverbush)


475 Kent Owner LLC against Ksenya Samarskaya
(Civil Court of New York, County of Kings, Housing Part H, Decided February 21, 2018)
(Rosenberg & Estis, P.C. Team : Jason R. Davidson)


Kuzmich et al. v 50 Murray Street Acquisition LLC
(Appellate Division, First Department, Decided January 18, 2018)
(Rosenberg & Estis, P.C. Team: Luise A. Barrack, Nicholas Kamillatos, Alexander Lycoyannis)


Casanas v The Carlei Group LLC and Casanas
(Supreme Court of the State of New York, County of New York, Decided January 17, 2018 )
(Rosenberg & Estis, P.C. Team: Alexander Lycoyannis, Neil C. Dwork, Anthony J. Virga and Roxanna Brahimy)


485 Shur LLC v Lightstone Acquisitions III and 485 Seventh Avenue Associates LLC
(New York State Supreme Court, New York County, Decided January 3, 2018)
(Rosenberg & Estis, P.C. Team: Luise A. Barrack and Alexander Lycoyannis)