October 01, 2024 | New York Law Journal
To Appeal or Not To Appeal: That Is the QuestionTo appeal or not to appeal, that is a question faced eventually by every litigator. But questions relating to the facts of a case or the applicable law aside (for the moment), what do the statistics demonstrate for the appellate practitioner?
By Gary M. Rosenberg and Bradley Silverbush
8 minute read
August 06, 2024 | New York Law Journal
Retroactively Reshaping the Analysis of Succession Rights: When Does a Tenant Permanently Vacate an Apartment?Gary Rosenberg and Ethan Cohen explore the part of bill S-2980-C in which the Legislature retroactively defined when a tenant is considered to have "permanently vacated" a rent-stabilized apartment for purposes of determining succession rights for family members, which was previously undefined by the Legislature.
By Gary M. Rosenberg and Ethan R. Cohen
12 minute read
June 04, 2024 | New York Law Journal
Understanding Good Cause Eviction: The BasicsOn April 20, 2024 the Good Cause Eviction Law (GCE) was signed into law. Basically, it limits unreasonable rent increases for units that are not already subject to rent regulation, ensures that existing tenants of unregulated apartments are offered renewal leases, and curbs the eviction of free-market tenants except if the owner has "good cause." This article will explore the origins of GCE and explain its key components.
By Anthony J. Virga and Gary M. Rosenberg
10 minute read
February 06, 2024 | New York Law Journal
Retroactively Redefining 'Fraud': The Chapter AmendmentsAn update on the status of Assembly Bill A-6216-B and Senate Bill S-2980-C and the significant changes to the original text of Part B of the bill that are expected to be passed by the Legislature soon using "chapter amendments."
By Gary M. Rosenberg and Ethan R. Cohen
12 minute read
December 05, 2023 | New York Law Journal
The Well-Intended Human Rights ViolationRegardless of intent, residential real estate professionals, owners, and landlords in New York could be violating New York's complex human rights law. Here, attorney, Cori Rosen, the expert human rights attorney at Rosenberg & Estis, along R&E members Gary Rosenberg and Ethan Cohen, explore the obligations of real estate professionals, and the best ways to mitigate exposure to opportunistic litigation.
By Gary M. Rosenberg, Cori A. Rosen and Ethan R. Cohen
8 minute read
October 03, 2023 | New York Law Journal
Are Inclusionary Air Rights Unique? Specific Performance RevisitedIn this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."
By Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen
13 minute read
August 01, 2023 | New York Law Journal
The 'Fraud Exception' Requires FraudThe Legislature, in reaction to recent court decisions, has made a belated effort to retroactively redefine "fraud" in the context of pre-HSTPA claims, passing a bill that would effectively deem any past violation of any law or duty by a landlord to constitute fraud.
By Gary M. Rosenberg and Ethan R. Cohen
12 minute read
June 06, 2023 | New York Law Journal
CPLR 3213 Motions for Summary Judgment in Lieu of Complaint: An UpdateLitigators who overzealously move for summary judgment in lieu of complaint to enforce guaranties of both the payment of money and the performance of other obligations may have their motions denied by the court—wasting the client's time and money and undermining the purpose of moving under CPLR 3213.
By Gary M. Rosenberg, Alexander Lycoyannis and Brendan J. Derr
7 minute read
April 04, 2023 | New York Law Journal
Liquidated Damages Provisions: An UpdateLiquidated damages clauses are typically (and increasingly) fertile ground for litigation, as evidenced by an extensive and growing body of caselaw on the topic, discussed here.
By Gary M. Rosenberg, Alexander Lycoyannis and Dejan Kezunovic
7 minute read
January 31, 2023 | New York Law Journal
'Best Efforts' Clauses in Commercial LeasesThe enforceability of undefined terms such as "best efforts" often turns on how the commercial lease is drafted. This article discusses how New York courts interpret and enforce these "efforts" clauses.
By Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene
7 minute read