2011-2015 Litigation Archive

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.

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

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

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 , 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 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, for Rent Stabilization Association of New York City, Inc. and another, amici curiae)