Breaking Ground And Setting Precedents Through Our Appellate Work

Throughout the past decade, Rosenberg & Estis has obtained favorable results in precedent-setting appeals. For example, the New York State Court of Appeals held that rent stabilized tenancies are illegal unless the lease names a specific, intended occupant, marking the first time that a rent regulatory statute has been declared unconstitutional by New York State’s highest court. The Appellate Division held that the eminent domain of a governmental “taking” of property is entitled to compound interest on damages for the first time in state history. In other decisions, the Appellate Division held that hundreds of former Mitchell-Lama apartments are eligible for “unique or peculiar” rent increases under the rent stabilization law, that there is no limit to the number of apartments an owner can recover under the rent stabilization law for owner’s use and that DHCR need not conduct a State Environmental Review Act (SEQRA) review in connection with an application to recover rent stabilized apartments based on the owner’s intention to demolish the building. We have convinced appellate courts that appraisals were properly conducted pursuant to a net lease’s terms, that, absent extraordinary circumstances, tenants who breached stipulations in which they agreed to pay arrears pursuant to a schedule should be evicted. We also convinced an appellate court to maintain the right of owners to evict tenant(s) based on luxury deregulation and/or proof of non-primary residence.

A Wealth Of Appellate Experience And Insight

We provide clients with insightful guidance rooted in many decades of experience navigating complex civil appeals in the areas of real estate law and related matters.

Recent Appeals

Rosenberg & Estis, P.C. Secures Important Victory Against Icon Parking
R&E Team: Bradley S. Silverbush and Jake W. Bedor
Decided February 2024

Rosenberg & Estis Wins Case of First Impression that Helps Lenders, Servicers Prevent Borrower Delays in Commercial Foreclosure Proceedings
R&E Team: Howard W. Kingsley and Laura A. Raheb
Decided October 31, 2023

Rosenberg & Estis’ Appellate Team Secures Critical Victory, Dismissing Tenant Class Action Suit
R&E Team: Deborah E. Riegel and Ethan R. Cohen
Decided April 13, 2023

Rosenberg & Estis Secures Important Court Of Appeals Victory, Overturning Ruling On J-51 Tax Abatement Rent Overcharges
R&E Team: Howard W. Kingsley, Jeffrey Turkel and Ethan R. Cohen
Decided March 20, 2023

Appellate Division Finds Loft Co-Op Shareholder Not A ‘Residential Occupant’ Entitled To Eviction Protections
R&E Team: Jason R. Davidson
Decided November 10, 2022

Rosenberg & Estis, P.C. Victorious In The Appellate Division, First Department
R&E Team: Norman Flitt and Alex M. Estis
Decided May 31, 2022

Rosenberg & Estis, P.C. Secures Appellate Division Win For Owner Against Tenant Seeking Attorney’s Fees
R&E Team: Jeffrey Turkel
Decided January 3, 2022