Hotel Carlyle Owners Corporation v Schwartz
This matter was a long-running dispute with Murray Schwartz, who formerly owned a cooperative apartment at the Hotel Carlyle. Following a serious leak into his apartment, Mr. Schwartz withheld maintenance payments and sued the Hotel for money damages. The Hotel brought a second action against Mr. Schwartz seeking unpaid maintenance and attorneys’ fees. Eventually, Mr. Schwartz lost his damage action, which was ultimately dismissed by the Appellate Division on the Hotel’s motion for summary judgment. With respect to the maintenance action, Rosenberg & Estis was brought in to pursue following the dismissal of the damage action. Rosenberg & Estis succeeded in defeating Schwartz’s counterclaim for a substantial refund of maintenance charges and ultimately obtained a substantial money judgment in favor of Hotel Carlyle. Rosenberg & Estis is presently seeking an award of attorneys’ fees from the Court.