Rosenberg & Estis, P.C., Successfully Secures Order For Over $500,000 In Use And Occupancy Payments To The Landlord On the First Return Court Date



For Immediate Release

Shea Communications, LLC
George Shea, Mark Faris (212) 627-5766

Rosenberg & Estis, P.C., opposed a commercial tenant's motion to extend its time to answer the non-payment petition filed on behalf of the landlord, Parkview Hotel, LLC. On the return date, Warren A. Estis and Alexander M. Estis successfully argued that pursuant to CPLR 2004, it is within the court's discretion to extend the tenant's answer, however, any extension must be conditioned upon terms that are just and fair.

After hearing the arguments, the judge granted the tenant's motion to extend on the condition that the tenant tender use and occupancy in the amount of $527,000. Additionally, the court further ordered that the tenant pay use and occupancy, pendente lite.

Members Warren A. Estis, Norman Flitt and associate Alexander M. Estis, of Rosenberg & Estis, represented the landlord.

With the recent amendments to RPAPL 745 which now limits the landlord's ability to recover use and occupancy during summary proceedings, this landmark decision, issued March 3, 2020, should be a sign of optimism that landlords still have remedies available to them to recover use and occupancy.

"Rosenberg & Estis, P.C. has historically been at the forefront in finding creative solutions to find advantages for our clients and achieve results," said Warren Estis. "This is yet another outside-the-box way that we have been able to achieve our objective."