Court awards swift remedy to Upper East Side co-op in plenary action against terminated superintendent
NEW YORK, Jan. 15, 2025 –Rosenberg & Estis, P.C., currently celebrating its 50th year as one of New York City’s pre-eminent real estate law firms, announced that the firm has successfully secured a $49,500 monetary judgment and an eviction order against a former live-in superintendent at the luxury co-operative building in Manhattan’s Upper East Side.
Attorneys Alex M. Estis and Ariel S. Bresky represented the Upper East Side co-op, in the action before Justice Arthur F. Engoron in the Supreme Court of the State of New York.
At the inception of the litigation, Estis and Bresky successfully and expeditiously obtained an order compelling the former super to remit payment to the co-op for both past and prospective use and occupancy of a two-bedroom apartment, which the super entered into as an incident to his employment.
In a subsequent decision, Estis and Bresky were successful in obtaining an order and judgment of ejectment based upon the super’s failure to remit payment of the aforementioned Court-ordered use and occupancy.
Estis said, “Less than a week after commencing the action, the Court granted us an interim order compelling the super to pay use and occupancy. Subsequently, the Court gave us an award of ejectment and entitlement to a money judgment for the super’s use and occupancy of the apartment within six weeks of the case being commenced. This is an expeditious ruling that sends a clear message to terminated supers who seek to exploit the judicial system to live rent-free for months, and in doing so, deprive residents of essential superintendent services.”
Estis added, “Our ability to expertly navigate the law and to continue to find creative, expeditious mechanisms in Court enabled us to achieve a swift and successful outcome for our client, who will now be fairly protected and compensated under the law.”
Bresky commented, “It is well-settled that the Court has broad discretion to award a landlord use and occupancy when a premises is subject to litigation and is being used and occupied without consideration. The rationale behind such authority is that is manifestly unfair for a defendant to continue to reap the benefits of occupancy and, at the same time, avoid payment for the fair market value thereof. As said judicial policy is predicated upon the theory of quantum meruit and imposed by law for the purpose of bringing justice without reference to the intention of the parties, there is no principled basis to obtain a different result where, as here, the defendant is a disgruntled former superintendent.”
State and federal laws can leave property owners vulnerable to a wide range of occupancy disputes. The case highlights the multitude of remedies available to landlords when an occupant holds over in possession a real property without consent, and the tools at practitioners’ disposal to mitigate gamesmanship and dilatory tactics often availed in litigation in connection therewith.
About Rosenberg & Estis, P.C.
Founded in 1975, Rosenberg & Estis, P.C. is widely recognized as one of New York City’s pre-eminent real estate law firms. R&E provides full-service representation and advice in every aspect of real estate, from performing due diligence and evaluating financing, to handling joint ventures, acquisitions and leasing, construction and design team agreements, property tax exemptions and abatements, land use and zoning matters, Real Property Income & Expense (RPIE) filings, real estate tax certiorari, co-op and condo offering plan filings and board representation, distressed situations workouts, foreclosures and bankruptcies, trust and estate planning, as well as the litigations and negotiations which sometimes ensue when deal-making. R&E’s wealth of experience in New York real estate makes it the ideal thought partner for owners, developers, not-for-profit corporations, educational institutions, sponsors, equity investors and lenders in both real estate transactions and in all court venues.