On March 5, 2025, Rosenberg & Estis, P.C. celebrated its 50th anniversary, followed by a joyous celebration with our incredible attorneys, staff, and clients on March 27, 2025. We are thrilled to commemorate this remarkable milestone! This edition of our Client Newsletter offers a moment to reflect on our rich legacy and look ahead to the future. For five decades, we have been proud to lead the way in the real estate industry, and we remain committed to providing exceptional service to our clients and making lasting contributions to the industry for many years to come.
This year, as part of our 50th anniversary celebrations, we have been featured in an exclusive interview with the Commercial Observer, highlighted in The Mann Report, and showcased through ads in the same publication. Our social media campaign has connected us with clients and industry leaders alike, and our interview with Law360 provided an opportunity to share our legal expertise. Additionally, we’re proud of our exclusive partnership with Traded New York as their legal content partner, further solidifying our industry leadership.
As we look back on our first 50 years, we remain deeply grateful for the vision that has guided us. We are excited about the future, and with a foundation built on dedication, innovation, and passion, we are confident that we will continue to move forward and achieve even greater success in the years to come.
Gary M. Rosenberg Founding Member and Chairman
Contents
50 Years of Rosenberg & Estis
As R&E celebrates five decades of shaping New York City’s skyline, the firm remains dedicated to excellence and innovation. We highlight some of the firm’s recent initiatives to celebrate this significant milestone.
The Long Road to a Reformed J-51 Program
After decades under its predecessor and nearly three years of inactivity, New York City’s J-51 property tax abatement program has been fully overhauled and relaunched. While some questions remain as of April 2025, owners, developers, and affordable housing advocates should understand how this new J-51 “Reform Program” emerged, the major legislative milestones it has passed, and the practical implications right now.
Rosenberg & Estis Blog
Rosenberg & Estis, P.C.’s blog section continues to serve as a platform which provides crucial and timely updates to our valued clients and industry colleagues.
Podcast: Inside R&E
Inside R&E is a podcast hosted by R&E and New York City’s leading real estate attorneys who discuss current issues facing developers, owners and operators in the industry.
Recent Publications
Published works by R&E attorneys, as seen in the New York Law Journal.
Press Releases
Throughout this recent quarter, R&E’s attorneys had a number of remarkable achievements, including representing a number of key clients, appointment to Housing Court Advisory Council, as well as expanding its team of attorneys.
Recent Events
As New York City’s premier real estate law firm, R&E attorneys were invited as expert speakers on in-person panels as well as several webinars.
On March 5, 2025, Rosenberg & Estis, P.C. proudly celebrated an incredible milestone—its 50th anniversary.
What started as a firm of two visionaries has now blossomed into a thriving team of over 180 dedicated professionals. This achievement is a testament to the firm’s enduring legacy, built on a foundation of integrity, innovation, and an unwavering commitment to client success. Each step along the way has been guided by a collective effort—driven by the hard work, dedication, and expertise of our people, as well as the trust and loyalty of our valued clients. As we look back on this remarkable journey, we are deeply thankful for the continued support of our attorneys, staff, and clients, who have played an integral role in helping us grow and succeed over the years.
On March 5, during a special luncheon, Managing Member Michael E. Lefkowitz reflected on the firm’s evolution, sharing how its strong foundation and enduring relationships have shaped the path forward. From the firm’s early days to its present success, these relationships have been a cornerstone of R&E’s identity, allowing us to evolve with the ever-changing landscape of the legal industry.
The anniversary celebration continued on March 27, when attorneys, staff, and clients came together at Guastavino’s for an unforgettable evening. The event was a lively celebration filled with vibrant music, exceptional cuisine, and spirited conversation, underscoring the firm’s continued success and the enduring bonds we have cultivated with clients and colleagues alike.
As we reflect on these five decades, we remain profoundly grateful for the vision that has guided us from the very beginning. Looking forward, we are committed to continuing our journey with the same level of dedication, passion, and innovation that has defined us over the years. We are excited for the future and the opportunities that lie ahead, knowing that our strong foundation and commitment to upholding the values and vision that brought us here will continue to propel us forward.
Cheers to 50 years— we look forward to 50 more years!
We also highlight some of the firm’s initiatives to celebrate this milestone anniversary.
Interview with the Commercial Observer
“It’s a hard-won distinction that’s required Rosenberg & Estis to be flexible with the times, understanding the needs of its clients over the past half a century as New York real estate at large shifted from an asset to a commodity. It has also required the firm to bob and weave with the assaulting lows and dazzling highs of the city’s market cycles. Rosenberg & Estis’ trajectory, from two-person shop to a 95-attorney powerhouse with nearly 80 employees in support roles, largely reflects these changing dynamics of real estate law in New York.
50th Anniversary
Social Media Campaign
The firm launched a 50th Anniversary campaign across social media platforms, beginning October 2024.
Features in the Mann Report
R&E kicked off a commemorative 10-month advertising campaign in the Mann Report starting November 2024. The magazine’s January edition included a front-page feature and a four-page article about the firm.
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As the industry has changed, so has R&E, growing in size and scope to offer a comprehensive suite of services for all industry members. Now, as the firm celebrates its 50th anniversary, R&E stands as the city’s leading full-service real estate law firm, offering superior services in every aspect of real estate, while remaining the city’s foremost legal expert on the dynamics of the commercial market.
To date, the digital magazine also has featured Equity Members, Administrative Law Members, Litigation Members and Transaction Members.
Additionally, the April edition featured a spread on R&E’s Founding Member Gary M. Rosenberg’s recent honor as “2025 Professional of the Year” at the Torch Foundation’s 35th Annual Monte Carlo Night.
As seen in: MANN REPORT, NOVEMBER/DECEMBER 2024 AND JANUARY 2025
As seen in: MANN REPORT, FEBRUARY AND MARCH 2025
Interview with Law360
“And as the multifamily sector has changed, so has the firm. It now has more than 90 attorneys, and this week, it announced the launch of a practice group for distressed real estate. But its focus is still, exclusively, real estate.
Exclusive Partnership with Traded NY
In December 2024, R&E became the exclusive legal content partner for Traded NY. Since then, their collaboration has produced ten articles, with contributions from a range of attorneys, further solidifying the partnership. The most recent article, published on March 24, 2025, is titled “NYC’s J-51 Tax Break Revamp: What Landlords and Brokers Must Know Now,” authored by R&E Member Benjamin M. Williams.
The R&E Client Experience
“The Durst Organization has relied on the advice, knowledge, and professionalism of Rosenberg & Estis for four decades, starting with the development of 114 West 47th Street to the subsequent complicated negotiations for the successful developments of One Five One West 42nd Street, One Bryant Park, and One World Trade Center.
– Douglas Durst CHAIRMAN
THE DURST ORGANIZATION
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Rosenberg & Estis is an integral partner to The Durst Organization. There have been projects in which R&E helped us pioneer paths to objectives with no precedent. The only tools available were excellent judgment and creativity. R&E has those qualifications and more.
– Jody Durst PRESIDENT THE DURST ORGANIZATION
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In 2018 our journey with Rosenberg & Estis began in a guardianship courtroom. It is perhaps the only time in New York history that five attorneys and a judge all agreed on anything. They all agreed that Rosenberg & Estis, specifically Luise Barrack, were the best attorneys to hire. My wife and I were paying the bills, and the unknown future costs created fear.
To quote Michael Bloomberg’s mother, “Everyone knows how much something costs, but few people know the value”. Initially I knew the hourly cost of Luise Barrack and her team, Moshe Nachum and Erica Wells, but I didn’t understand the value. It didn’t take long for my sleepless nights to be converted into a comfortable peace of mind knowing that we had an experienced, hard-working, bright team working on our behalf. They treated us like family and their only clients. They provided us with honest solutions and strategies for dealing with challenging situations. They didn’t cost us money; they made us money. They took the money fear out of the equation and replaced it with friendship.
We will be forever indebted to Luise, Moshe and Erica.
– Ed & Holly Kuykendall
I have been working with Rosenberg & Estis for eight years and have been extremely pleased with the level of service. Not only are the attorneys skilled and experienced, but they are also a pleasure to work with. R&E helped us develop form transaction documents several years ago and thus have a thorough understanding of the negotiating points that are important to us. This makes closing deals significantly smoother as I am confident R&E will flag the appropriate issues as they come up. We’ve closed extremely complicated and fast paced transactions using the R&E team as counsel, and they’ve been able to keep everything organized and on schedule. Knowing I can pick up the phone and have R&E engaged within a matter of minutes, no matter the assignment, adds a tremendous amount of value. We are extremely appreciative of the long term relationship and congratulate R&E on their 50th Anniversary.
– Robert Rothschild SENIOR VICE PRESIDENT
INTERVEST
CAPITAL PARTNERS
I have had the pleasure of working with Rosenberg & Estis for the past four years. Our company runs a lean operation. As such, we rely immensely on trusted advisors to help mitigate risk and maximize value for our investments. In this capacity, R&E has exceeded expectations. From challenging tenant negotiations to complicated transactions, we receive attentive service, thoughtful strategy and resourceful solutions across members of their team. R&E’s competitive advantage is that it meaningfully participates in the discussion as opposed to merely mapping out the decision tree. We view Brett Theis and the overall R&E team as an extension of our company and exclusively use them for our business needs in New York City. We congratulate R&E on their 50th anniversary and look forward to a continued successful partnership in the years to come.
– Valon Hidra HEAD OF US ASSET MANAGEMENT | INVESTMENTS, NORTH AMERICA
INC.
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The YMCA of Greater New York extends its sincere congratulations to Rosenberg & Estis, P.C. on its 50th anniversary celebration.
Luise Barrack has been a dedicated partner for our organization. Her relationship with the Y began in the late 1970s as a law student. Luise engaged in property research on behalf of the Y, a project that would launch a decades-long relationship.
At Rosenberg & Estis, P.C., Luise has been an invaluable champion for the Y. She has committed countless hours to promote and enhance our organization, which has a reach to all five boroughs. The Y values our professional relationship with Rosenberg & Estis, P.C. and we look forward to many years of collaboration and partnership.
– Sharon Greenberger PRESIDENT & CEO YMCA OF GREATER NEW YORK
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I have had a working relationship and friendship with Mike Lefkowitz for approximately 25 years.
The thing that differentiates Mike from others is his unique experience relating to growing up in a family real estate business. His views not only stem from a legal perspective but from an ownership operator perspective which is sensible and pragmatic when solving issues that arise.
Mike has always conducted himself in the highest of standards, always with integrity. He is an incredibly quick study, understanding whatever agenda we set out to accomplish and trust him implicitly.
– Len Novick PRINCIPAL
SARATOGA CAPITAL PARTNERS, LLC
“I believe that the hallmark of any good law firm is understanding the client’s needs while delivering quality legal representation with clear communications in a timely fashion, in order to meet those needs. As the general manager of various cooperative corporations for over three decades, I have been working with R&E (and more specifically, Bradley Silverbush) for longer than I can remember. During that time, the firm has successfully represented the co-ops I have managed in all venues, from Housing to Federal Court. R&E’s team of attorneys reflect integrity and dedication to their clients; they possess the specialized knowledge and experience that have provided the tools by which they consistently obtain optimum results. I am pleased to say that the quality of legal services provided by R&E has been exceptional, consistent, reliable, and dependable.
– Shulie Wollman VICE PRESIDENT/GENERAL MANAGER
EAST RIVER HOUSING CORPORATION
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I was introduced to Michael Lefkowitz in 2015 by someone we both know well and trust explicitly. This has turned into one of my most important professional and personal relationships. Michael and his partners at Rosenberg & Estis have repeatedly demonstrated deep knowledge and judgement as to when to push for things and when to advise me that while something might be nice to have it is not essential to getting the deal closed. This past summer Michael was advising us on the acquisition of an industrial asset in South Florida, which had an arcane title issue. Having seen this before, he worked hard to understand, mitigate the risks as much as possible, and ultimately get us comfortable with the risks. Michael is a champion of getting the two sides to see the truth rather than focusing on their individual positions, and will often tell me that I can have a good deal that closes or a perfect one that dies, and the choice is mine.
Recently, Michael and another R&E partner architected a complicated business restructuring of a closely held investment business, untangling more than forty years of legacy complications. He represented both sides in the transaction, which would have never closed otherwise, as what was at stake were not just assets, but family dynamics, which he navigates so aptly.
There are indeed many law firms in New York, but after a decade working with R&E, I know I have the right lawyers on my team. For their wise guidance, I remain forever grateful. Congratulations to the entire firm on this important anniversary!
– Ivaylo V. Ninov CEO
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I have been working with Rosenberg & Estis for nine years and time and time again, the attorneys rise to the occasion showcasing their in-depth knowledge of real estate law and full understanding of our expectations and key points. We’ve worked on countless fast-paced, extremely complex matters with R&E and each time the experience and dedication of the attorneys have produced the desired results and exceeded expectations. I appreciate our long term relationship, first-rate counsel, and feel incredibly fortunate to have had the pleasure of working with R&E over the years. We congratulate Rosenberg & Estis on their 50th Anniversary and look forward to many more years of working together.
– Joey Chilelli PRINCIPAL VANBARTON GROUP
Rosenberg & Estis has provided integral legal services to BRP for over 8 years now. During this time, the firm has demonstrated the utmost care and attention to detail when engaged in contractual work, always going above and beyond to deliver quality, thorough, and directional legal services based on their extensive knowledge of the industry. The team is extremely professional making it easy for our tenants to feel comfortable as we begin or continue their occupancy. Working with Adam and Stephen continues to build the strong relationship that was established years ago. With the dedication and integrity that is highly sought after, we look forward to continuing working with R&E in the future.
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– Steven Smith PARTNER BRP
Finding top attorneys is always difficult, but then when you do and they become friends, business comes easy. Rosenberg & Estis’ legal team helps us navigate with ease and at the same time make legal enjoyable. Happy 50th!
– Brian D. Milberg CEO & SENIOR PARTNER SITEX GROUP
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Our relationship with Rosenberg & Estis began over 25 years ago. I originally worked with Warren, who impressed me greatly. I actually felt like I could hear the gears turning in his brain as he considered strategy. Started to work with Adam Lindenbaum with Warren and of course continued! Adam is careful, smart and very effective. We have worked through many complicated issues including managing public relations due to litigation. Rosenberg & Estis is extremely reliable and does their best to help us achieve our desired results. We congratulate them on their 50th anniversary and look forward to continuing our relationship in the years to come.
– Patricia Dunphy SENIOR VICE PRESIDENT
ROCKROSE DEVELOPMENT L.L.C.
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I have had the pleasure of working with Rosenberg & Estis for decades and continue to do so based on the exceptional counsel they provide. It was my great fortune when Gary Rosenberg introduced Deborah Riegel to the Milstein team because together they have navigated us through a myriad of complex and contentious litigations and negotiations. The excellent legal and strategic advice they provide is invaluable to our business success, and their preeminence in the field has made them one of our most trusted partners. I look forward to many more years of collaboration with Gary and Debby. I congratulate R&E on an incredible 50 years and know that the future of the firm is equally as bright.
– Howard P. Milstein MANAGING PARTNER MILSTEIN PROPERTIES
“Our relationship with Rosenberg & Estis, P.C. spans well over a decade, and during that time, they have become an indispensable partner in guiding our company through the everevolving landscape of New York City real estate and tax certiorari services. With so many law firms available in the city, what initially drew us to R&E — and continues to set them apart — is their depth of knowledge in real estate law and tax certiorari services combined with their practical, solution-oriented approach. They understand not only the law, but also the complexities of property management, which makes their advice particularly valuable to us.
R&E’s attorneys have demonstrated dedication, integrity, and patience. Their ability to anticipate our clients concerns and make themselves available to quell concerns makes them invaluable.
One piece of advice that continues to resonate with us is the importance of viewing every legal issue through both a legal and a business lens. This balanced perspective has helped us make informed, strategic decisions that benefit both our properties and our residents.
The relationship we’ve built with R&E has been nurtured not just through their excellent legal work, but through their commitment to truly understanding our business, our properties, and the challenges we face. They take the time to stay in touch, provide insights even when we’re not actively engaged in a legal matter, and treat us as a valued partner rather than just a client.
Trust is the foundation of our relationship with Rosenberg & Estis. Time and again, they have demonstrated their honesty, transparency, and unwavering commitment to representing our best interests. That trust has only deepened over the years as we’ve worked together to navigate everything from routine legal matters to highly complex cases. They have earned our confidence not only through their expertise but also through their integrity and personal investment in our success.
We are grateful for the partnership we’ve built with Rosenberg & Estis, P.C. and look forward to continuing to work together for many years to come.
– A.J. Rexhepi CHIEF EXECUTIVE OFFICER
CENTURY MANAGEMENT SERVICES, INC.
The Long Road to a Reformed J-51 Program
April 14, 2025
By Daniel M. Bernstein and Benjamin M. Williams
M. Bernstein Member
After decades of operating under its predecessor and nearly three years with no active program in place, New York City’s landmark real property tax abatement initiative for building upgrades—widely known as “J-51”— has been comprehensively revamped and relaunched. Although a few lingering questions remain unresolved as of mid-April 2025, owners, developers, and affordable housing stakeholders should be aware of how this new J-51 “Reform Program” emerged, the major legislative milestones it has passed, and the practical implications right now.
A Brief History of J-51
First introduced in 1955, J-51 was designed to encourage owners of multiple dwellings to undertake significant capital improvements— such as upgrading heating systems, replacing roofs or wiring, and installing new elevators—by offering property tax incentives. Over the years, J-51 underwent several expansions and adjustments to eligibility criteria. However, the program ultimately expired on June 29, 2022, leaving many property owners without a go-to, as-of-right tax abatement mechanism for essential upgrades.
In the face of rising construction costs, increasingly stringent building maintenance requirements, and ongoing affordability challenges, the drive to replace J-51 gathered steam. Both state and local legislators recognized the need for a revised benefit that would better align with modern housing needs—especially for buildings housing low- and moderate-income New Yorkers— while incorporating clearer compliance measures and stronger tenant protections.
The 2023 State Legislation
• June 2023: The New York State Senate and Assembly passed legislation to amend the Real Property Tax Law and authorize
a new tax abatement program. Titled the “Affordable Housing Rehabilitation Program” in the law, this measure effectively laid the groundwork for a renewed J-51 incentive—albeit with reforms designed to tie tax benefits more closely to preserving affordability in rental units and facilitating building upgrades that maintain habitability.
• October 2023: The bill reached the Governor’s desk and was signed into law. Owners and advocates alike were notified that the new state framework would rely on local enactment to become fully operational in New York City. Although the state law reauthorized J-51 for rehabilitation work completed after June 29, 2022 (and before June 30, 2026), it required City legislation to fill in vital program details— chiefly the local application procedures and the “Certified Reasonable Cost” schedule for eligible construction work.
City Council Action
• March 2024: The New York City Council introduced Intro. 654-2024 in the Committee on Housing and Buildings. The “Reformed J-51” bill proposed a purely as-of-right tax abatement. Gone was the prior J-51 exemption component, which had often been unpredictable. Instead, the renewed program would allow owners to abate up to 70% of approved, certified rehabilitation costs over a period that could stretch to 20 years, so long as they complied with new affordability and tenant protection requirements.
• May 2024: The Council’s Housing and Buildings Committee held a public hearing, where stakeholders, including many property owners, tenant orga -
Daniel
Benjamin M. Williams Member
nizations, and industry attorneys, testified on the proposed local law’s scope and procedures.
• December 2024: The City Council passed the final bill, and the Mayor signed it into law shortly thereafter as Local Law 122 of 2024. Its effective date, December 30, 2024, triggered a crucial four-month application window for projects that had completed construction between June 30, 2022, and December 30, 2024—owners of those projects must file by April 30, 2025 to secure benefits.
Where We Stand in Mid-April 2025
As of this writing, owners who wrapped up eligible rehabilitation work before year-end 2024 have only a few weeks left to file. HPD’s new website, launched in February 2025, outlines the interim application materials and an initial “tentative” Certified Reasonable Cost schedule. In March 2025, HPD held a public hearing on proposed rules—Rosenberg & Estis, P.C. was among those offering testimony and written comments, urging practical enhancements to address the real-world pressures on building owners seeking to preserve affordability.
However, HPD has not yet officially adopted the final rules. Under the statute, any property owner who submits a J-51 application will eventually have to comply with the fully adopted regulations—even though those are still pending. This presents uncertainty for owners aiming to finalize their filings now. Many face a dilemma: either invest in preparing the application immediately, despite the incomplete rules, or risk missing the looming April 30 deadline and forfeiting abatement eligibility.
Looking Ahead
While no one disputes the importance of a renewed tax incentive for critical building rehabilitations—especially for older rental properties—practical challenges remain. Key takeaways as of mid-April 2025 include:
1. Deadline Pressures: For work completed before
December 30, 2024, owners must file by April 30, 2025 or lose the potential abatement.
2. Rules Adoption Pending: Final HPD rules and the definitive Certified Reasonable Cost schedule are not yet published. Owners may need to revise submissions once the rules are formally adopted.
3. Strengthened Tenant Protections: Under both the State’s Affordable Housing Rehabilitation Program and the City’s Local Law 122, landlords must certify compliance with stricter affordability and rent stabilization obligations, as well as anti-harassment laws.
4. Affordability Requirements: Properties applying under the new J-51 program must meet updated affordability thresholds. For rental buildings, at least 50% of units must be rent-stabilized at or below 80% of AMI. Cooperatives and condominiums, meanwhile, are subject to an assessed valuation limit of $45,000 per dwelling unit.
Although many owners find the timing awkward, most see the new “J-51 R Program” (or “Affordable Housing Rehabilitation Program”) as a major step forward—one that encourages vital upgrades without forcing the cost burden onto tenants. Despite the final puzzle pieces still falling into place, it represents, in the long run, renewed support for New York City’s multi-family housing stock and broader affordability goals.
Conclusion
For building owners uncertain how best to proceed, the immediate action item is clear: if your capital project finished between June 30, 2022, and December 30, 2024, confirm your eligibility and assemble a J-51 application before the April 30, 2025 deadline. And if your project is underway now or planned soon, keep close watch on the forthcoming HPD rules. Rosenberg & Estis, P.C. will continue to monitor this evolving regulatory environment and stands ready to assist clients in navigating the J-51 Reform Program’s complexities.
ROSENBERG & ESTIS BLOG
Rosenberg & Estis, P.C.’s blog section continues to serve as a platform which provides crucial and timely updates to our valued clients and industry colleagues.
Daniel M. Bernstein Member, Head of Tax Incentives & Affordable Housing Department
How NYC’s Tax Incentive is Transforming Vacant Offices into Residential Space
With demand for office leasing still below pre-pandemic levels and housing shortages persisting, the city’s new 467-m property tax incentive is driving developers to reimagine underutilized office buildings as thriving residential communities.
Critical Tax Incentives for NYC Residential Development in 2025 and Beyond: 485-x, 467-m, and 421-a
The combination of 485-x, City of Yes zoning reforms, and remaining 421-a/467-m opportunities will shape NYC’s residential development landscape over the next decade. Developers should act strategically to navigate these incentives and maximize project potential.
Why Owners of 421-a, 485-x, and 467-m Properties Should Use Tax Incentive Counsel and Challenge Their Assessed Values
Property owners seeking or benefiting from residential tax exemption programs like 421-a, 485-x, or 467-m often assume that their assessed values are inconsequential since their tax liabilities are largely offset. However, even with these exemptions in place, actively managing assessed values remains critical.
To read more, visit the Tax Incentives & Affordable Housing Blog on the Rosenberg & Estis website.
Benjamin M.
Williams
Member, Head of Property Tax Department
Tax Commission’s 2024 Offer and Reduction Statistics
The Tax Commission recently published its 2024 Annual Report. We reviewed this report in comparison to prior years to provide critical data and trends that will be invaluable for property owners navigating the appeal process throughout 2025.
NYC Dept. of Finance Mails Q4 2024/25 Property Tax Bills
On February 15, 2025, the New York City Department of Finance (DOF) mailed out the fourth-quarter (Q4) property tax bills for the 2024/25 tax year. The bills provide the last statements of account for the tax year for all property taxpayers in New York City.
NYC Dept. of Finance Issues First CBN of 2025
If your property appears in this CBN (or if you are simply keeping tabs on your assessment), you can find complete details on DOF’s website and in your property’s individual Revised Notice of Property Value.
To read more, visit the NYC Property Tax Blog on the Rosenberg & Estis website.
PODCAST: INSIDE R&E
Inside R&E is a podcast hosted by R&E and New York City’s leading real estate attorneys who discuss current issues facing developers, owners and operators in the industry.
Inside R&E is the perfect way to keep yourself up-to-date on the New York real estate industry. Inside R&E is available to stream on all major platforms including Apple Podcasts, Spotify, Amazon Music and Google Podcasts. Listen and subscribe wherever you get your podcast.
RECENT EPISODES
Why Should I Call My Litigator To Draft a Lease?
Featuring Alex M. Estis
In this episode of Inside R&E, Alex M. Estis, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion about landlord-tenant leases. Alex shares insights from his recently published New York Law Journal Landlord-Tenant Column article, co-authored with R&E Founding Member Gary M. Rosenberg, titled “Why Should I Call My Litigator To Draft a Lease?”
Local Law 97
Featuring Devin P. Kosar
In this episode of Inside R&E, Devin P. Kosar, a Member in the firm’s Litigation Department, invites Alexander Zafran, the Director of Business Development of Logical Buildings, to share his insights on Local Law 97, which was enacted in 2019 as part of New York City’s Climate Mobilization Act.
Emerging Trends in Distressed Real Estate
Featuring Christopher A. Gorman
In this episode of Inside R&E, Christopher A. Gorman, a Member in the firm’s Litigation Department, invites Dr. Rebel A. Cole, Lynn Eminent Scholar Professor of Finance in the College of Business at Florida Atlantic University, to discuss the Distressed Commercial Real Estate market. They explore key trends from recent years and offer insights into what lies ahead for the industry.
Personal Injury Lawsuits Against Property Owners – A Plaintiff Attorney’s View
Featuring Justin S. Weitzman
In this episode of Inside R&E, Justin S. Weitzman, a Counsel in the firm’s Litigation Department, invites Christopher M. Seleski, Senior Associate at Tolmage, Peskin, Harris, & Falick, to share his perspectives and insights as a Plaintiff Personal Injury Attorney on claims and lawsuits that affect property owners and developers.
A View from the Front Row of Real Estate Distress
Featuring Zachary J. Rothken
In this episode of Inside R&E, Zachary J. Rothken, Member and Head of the firm’s Administrative Law department, invites Greg Corbin, President and Founder of Northgate Real Estate Group, to discuss their experiences of navigating various aspects of the Distressed asset space.
Do Tenants Have To Pay if They Want To Stay?
Featuring Alex M. Estis
In this episode of Inside R&E, Alex M. Estis, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion about landlord-tenant law. Alex shares insights from his recently published article, co-authored with R&E Founding Member Gary M. Rosenberg, titled “Do Tenants Have to Pay if They Want to Stay?”, which appeared in The New York Law Journal’s Landlord-Tenant Column on February 5, 2025.
To listen to previously recorded podcasts, please visit the Podcast page, under “News & Events” on the Rosenberg & Estis website, or go to the Rosenberg & Estis, P.C. YouTube channel (@rosenbergestis).
RECENT PUBLICATIONS
Published works by R&E attorneys.
Co-op Flip Tax Fees and How They Impact Shareholders
New York Law Journal– April 8, 2025
By Brett M. Stack
Brett M. Stack Counsel
Purchasing and selling New York City co-operative (“co-op”) apartments share many aspects with purchasing real property, but with some unique features such as paying a “flip tax.”
Typically, when a seller transfers ownership of a co-op unit’s interest (i.e. shares/stock certificate and proprietary lease) to a purchaser at closing, the co-op typically charges the seller fee known as a “flip tax.” The flip tax is not actually a “tax,” but a “transfer fee” that helps the co-op financially in various ways.
One of the primary functions of the flip tax is to fund the reserve account to be used for capital improvements and repairs. This helps the co-op to not impose, or impose at a lesser amount, maintenance increases or assessments levied against co-op shareholders. Less frequent maintenance increases and assessments help co-op boards effectively manage not only the co-op’s financials, but also shareholders unit carrying costs.
The statute governing the flip taxes is New York Business Corporation Law (“BCL”) §501 “Authorized Shares” subsection (c). In order to comply with New York BCL (“BCL”) §501(c), the flip tax charge must apply equally to all shares in the co-op. BCL §501(c) states in part “each share shall be equal to every other share of the same class,” prohibiting unequal treatment of shareholders holding the same class of shares ( Fe Bland v. Two Trees Management Co., 66 N.Y.2d 556 ).
In the case of Fe Bland , the court found that a flip tax could not be imposed in different amounts for a shareholder who bought from a Sponsor as opposed to a shareholder who bought from another shareholder [ Id. ].
The actual amount of the flip tax fee can vary depending on what is stated in the co-op’s proprietary lease and/
or by-laws. Some different flip tax fee calculation methods are as follows:
Percentage of Gross Sales Price ( very common ): A fee, typically a percentage (1% to 3%), calculated on the gross sales price (gross sales price calculations for each co-op may differ based on how drafted in the proprietary lease and by-laws);
Percentage of Net Profit: Typically a percentage, calculated on the profit made from sale (net profit calculations for each co-op may differ based on how drafted in the proprietary lease and by-laws);
Flat Fee: A fixed sum of money;
Per Share Fee ( very common ): Amount collected by co-op is based on the amount of shares being transferred; and
Ownership Duration: Flip tax fee will decrease the longer a shareholder owns a unit in the co-op. NOTE: The fiscally responsible party (purchaser or seller) for flip tax payment can be subject to negotiations in the contract of sale.
Affordable housing co-ops are an outlier to the normal flip tax calculation methods, which tend to charge higher flip tax fees. HDFC co-ops follow the same rules as non-HDFC co-ops, except the flip tax can be split based on the shareholder’s profit from the sale. The sale profits are split between the selling shareholder and the board (see fact sheet here).
For example: a flip tax can be 80/20 split of the seller’s profit whereby 80% of the seller’s profit goes to the seller and 20% of the seller’s profit goes to the HDFC co-op. Using real numbers: if a Seller purchased a unit for $50,000 and subsequently sells to an eligible HDFC purchaser for $100,000, the total profit from the sale is $50,000. The Seller will be entitled to $40,000 and the HDFC co-op will be entitled to $10,000.
For co-ops to collect the flip tax fee, language for the fee must be incorporated in the proprietary lease and/or by-laws. If proper procedures per the proprietary lease and by-laws are not followed by the board (i.e. calling a meeting of shareholders) then a flip tax amendment may not be valid ( Zimiles v. Hotel des Artistes, Inc., 216 A.D.2d 45, 627 N.Y.S.2d 382 ; Pello v. 425 E. 50 Owners Corp., 19 Misc. 3d 1125(A) ). Board members alone cannot provide consent of the shares/shareholders ( Bailey v. 800 Grand Concourse Owners, 199 A.D.2d 1, 604 N.Y.S.2d 562 ).
If there is no flip tax in the proprietary lease and by-laws at the time of collection, then it cannot be levied upon shareholders. Different cases provide caveats to the foregoing. If a contract of sale is fully executed, closing did not occur, and all closing pre-conditions are met before a resolution is successfully voted upon to include a flip tax in the proprietary lease and/or by-laws, then the flip tax is not valid for collection upon the parties in the contract ( Lioi v. Westview Equities, 8 Misc.3d 719, 795 N.Y.S.2d 442, 2005 N.Y. Slip Op. 25201 ). Case law provides some examples on how the laws are applied.
In Lioi a shareholder entered into contract with a bona-fide purchaser on October 2004. The contract was contingent on purchaser obtaining financing and co-op board approval. On Nov. 30, 2004, the board held a meeting to retroactively impose a flip tax effective on Nov. 1, 2004 via an amendment to the proprietary lease.
The court stated that since the contract’s financing contingency was satisfied before the flip tax vote and board approval was obtained on the same day at the flip tax vote the transaction was essentially complete. It noted, however, that the need for board approval would not change its decision. Instead it concluded “as between buyer and seller, the contract was binding as to all terms. As such it was effective as between them prior to board approval and ratification of the flip tax.” [ Id. ].
In the case of People v. Prottas, 2020 N.Y. Misc. LEXIS 3169, the proper procedures were not followed to impose a flip tax fee resulting in the court’s dismissal of Defendants claim. For many years the subject co-op operated at a deficit.
In 2012 or 2013 Prottas, the managing agent, worked with the co-op’s attorneys to amend the co-op by-laws, so shareholders would be allowed to sell their shares to outsiders, rather than only selling them back to the co-op, and purchasers would have to pay the co-op both a $25,000 transfer fee and a $25,000 per bedroom flip tax.
As a result of the foregoing fees, bona fide purchasers did not want to purchase a unit in the co-op. Prottas then proceeded to obtain financing and purchase the units in an entity without paying any required flip tax(es), which the board was not aware of. The court found the imposition of transfer fees was a part of a “scheme” by Prottas [ Id. ].
It should also be noted that change in beneficial ownership of an entity shareholder does not trigger flip tax (i.e. transfer in Lessee/shareholder itself is not an assignment, unless provided for explicitly in the proprietary lease and/or by-laws) ( Board of Directors of Big Deal
Realty on Greene St., Inc. v. 60G 133 Greene St. Owner, LLC, 2020 N.Y. Misc. LEXIS 3881 ).
Some condominiums in Manhattan are currently also imposing flip taxes to generate income. This trend shows the industry believes collecting flip tax fees is a good method of income generation for various types of properties.
Before purchasing a co-op apartment, potential purchasers (and prospective sellers) should both read the proprietary lease and by-laws in order determine how the flip tax is implemented. Prospective purchasers of co-op apartments should also ask their attorney to confirm with the Managing Agent the amount of flip tax payable to see if the information is properly reflected in the proprietary lease and by-laws. Properly drafted flip tax language in the proprietary lease and by-laws is essential to a well-managed co-op.
Why Should I Call My Litigator To Draft a Lease?
New York Law Journal– April 1, 2025
By Gary M. Rosenberg and Alex M. Estis
Typically, a tenant and/or landlord will negotiate a draft term sheet for a lease and then both sides will call their respective transactional attorneys to draft the lease. However, the next time you call your transactional attorney to draft the lease, you may want to call a litigator as well to review the form of your lease.
Litigators are traditionally sought when a dispute has arisen that requires adjudication before the courts. A growing trend has immerged where litigators are being retained to assist in the lease negotiations as co-counsel with transactional attorneys in an effort to try and avoid being in court later on. Transactional attorneys and litigators are two different breeds of attorneys, but both are necessary in the everyday life of landlord-tenant law.
Transactional attorneys will typically prepare contracts and negotiate deals while litigators will try advocate for his/her client’s rights in court. Both have very important skill sets but very different skill sets which if used together, can create the ultimate representation for clients looking to negotiate a lease. For instance, transactional attorneys will prepare leases and try to contemplate scenarios and write in protections for the client to cover all possible scenarios. A litigator will look at the contract from all scenarios and think how a judge would interpret the clauses.
You may want to start with having a litigator to review the initial draft of the lease prepared to ensure the draft is up to date on the enforceability requirements of various clauses such as, holdover clauses, default provisions, liquidated damages among others. Then you can have your Litigator on call as a resource during negotiations and changes to such provisions.
The value of adding a litigator to the preparation of leases in conjunction with a talented transactional attorney
is not overkill, but rather is necessary to draft a lease in the way which if it ever came to court, the attorney litigating the case would be able to enforce correctly within the intent of which it was supposed to be written. It logically follows that if you have a litigator involved with the preparation of the lease, then that litigator would then be in a better position to defend you and/or advocate for your rights under that contract for the relief the client needs.
It has become too commonplace that litigators spend years litigating over what the intent of the parties were to explain conflicting or ambiguous language in leases. Having your litigator involved from the outset could reduce the risk of litigation over conflicting or ambiguous language because the litigator will be looking at the lease language written by the transactional attorney with an eye on avoiding future litigation.
It is also commonplace that a transactional attorney prepares lease agreements from forms and standard forms that have been used over and over again for decades. The law is constantly changing and in real estate, there had been significant legislation that has altered the rules, laws and regulations of the industry with respect to landlord tenant law that constantly requires forms to be updated.
Also, there is case law which is decided every day that changes how contracts are interpreted. It is useful to have a litigator look at your lease form to make sure that your lease is enforceable in accordance with the most recent case law. For instance, several months ago the Appellate Division First Department in Archives LLC v Volpe 2023 NY Slip Op 05354, held that personal guarantees where the guarantor irrevocably absolutely and unconditionally guarantees all sums due and owing under the subject lease does not make the guarantor liable for holdover use and
Gary M. Rosenberg Member
Alex M. Estis Member
occupancy after a tenant’s lease term expires.
The court held that use and occupancy, even if agreed as a fixed rate for holdover use and occupancy in the lease, is not covered by the guaranty unless specified.
Some transactional attorneys may not follow case law developments as closely as litigators who experience these developments on a daily basis throughout their practice and thus may not be aware of such newly updates such as the Volpe holding and how courts interpret this provision and may not have a carve out for holdover use and occupancy and guarantees.
The holding in Volpe is significant because the language cited above is the language that you typically see in a guarantee form which has existed for decades. A litigator’s insight would be helpful in this situation so that the form can be updated in accordance with the Appellate Division’s holding in Volpe at the intention of the parties to have a guarantor guarantee all sums due and owing under the lease may not be appropriately documented in an enforceable manner to conform with the new requirement in the caselaw.
Another example is when transactional attorneys try to insert liquidated damage provisions in leases. Such provisionsmay not follow the “well-established” rule that a liquidated damages provision should be reviewed
as of the date of its making by reviewing whether the damages flowing from a prospective breach were readily ascertainable at the time of contracting or whether the damages penalty imposed are conspicuously disproportionate to the foreseeable losses at the time of contracting thereby making it an unenforceable penalty (see Bates Adv. USA, Inc. v 498 Seventh, LLC , 7 NY3d 115 (2006)).
Transactional attorneys will attempt to try and write such provisions so that it covers every possible outcome. A litigator will look for the inconsistencies and show how the provision does not clearly cover and assist in tailoring the clause so that the liquidated damage provisions will be enforced.
It is important in the practice of leasing in general that transactional attorneys and litigators work together to make the contract that best honors the intention of the parties in a way where if adjudication becomes necessary, that the client’s rights were appropriately protected in the contract.
If you are a tenant or landlord entering into a lease soon you may want to call not just your transactional leasing counsel but your litigator as well. Because if you call your litigator to help prepare your lease, you may not need to call your litigator for an issue later on.
Do Tenants Have To Pay if They Want To Stay?
New York Law Journal– February 3, 2025
By Gary M. Rosenberg and Alex M. Estis
The New York real estate industry has seen more legislative reform within the past five years than ever before. With all the recent protection provided to tenants, the question is now raised—can a landlord require a tenant to pay rent and/or use and occupancy during the pendency of a case?
The answer is simply, “Yes.” In fact, if a landlord obtains an order in Supreme Court compelling the tenant to pay use and occupancy, and the tenant fails to pay use and occupancy pursuant to that court order, the landlord’s legal remedy is for immediate possession of the subject premises. Bottom line—if the tenant wants to stay, the tenant must pay.
Use and occupancy is a legal remedy available to landlords at equity awarded by the court as monetary consideration for the tenant’s using and occupying of the premises to be paid to the landlord during the adjudication of dispute in court. Use and occupancy can be awarded irrespective of whether or not a tenant is holding over past the expiration of the lease.
The term use and occupancy is still appropriate to use even when there is a valid rent and an unexpired or terminated lease in effect which calls for a specific rent to be paid during a term. The courts of New York State have routinely and continually required a tenant to pay use and occupancy even when the amount of rent is in dispute pending a determination of the rights at issue in the case.
The question then becomes what constitutes “use and occupancy?” The Appellate Division, First Department examined this question when it was presented during the COVID19 pandemic. The First Department ultimately held that a landlord is entitled to use and occupancy when a tenant is “using and occupying the premises.” See The Gap Inc. v 44-45
In Gap , Gap and Old Navy occupied flagship retail space in Times Square. Both tenants were mandated to close their doors to the public due to executive orders restraining retail stores from opening to the public during the COVID-19 pandemic.
Notwithstanding the fact that these tenants were not allowed to be open, the First Department found both tenants were still obligated to pay their landlord use and occupancy since they were in possession of the space with their property inside.
Thus, a tenant using and occupying the premises has full possession and occupies the premises with its property therein, then the tenant is using and occupying the premises.
In MMB Assoc. v Dayan, 169 AD2d 422 (1st Dept. 1991) , the First Department articulated similar rationale, holding, that an award of use and occupancy during the pendency of an action or proceeding accommodates the competing interest of the parties in affording necessary and fair protection to both. It is manifestly unfair that a tenant shall be permitted to remain in possession of the subject premises without paying for their use and/or occupancy.
Compelling a tenant to pay use and occupancy during the pendency of a litigation accommodates the competing interests of the parties by affording fair and necessary protection to both and by preserving the status quo until a final judgment is entered. See Abright v Shapiro , 92 AD2d 452, 453 - 54 [1st Dept 1983]
Even if situations where a tenant does not have a lease or if the lease has expired, the occupant of premises is liable to the owner of the property for use and occupancy irrespective of the existence of a contract See, Carlyle, LLC v. Beekman Garage LLC ,
Gary M. Rosenberg Member
Alex M. Estis Member
133 AD3d 510 [1st Dept 2015] .
The Appellate Courts have routinely awarded landlords retroactive use and occupancy, and in doing so, have squarely held that a dispute concerning the amount of rent owed is no reason to allow a tenant to occupy a landlord’s real property gratis.
Most importantly, New York courts have recognized the necessity and urgency a landlord faces when a tenant remains in possession of the premises without paying; thus, a landlord is entitled to use and occupancy by virtue of an order to show cause with interim relief for use and occupancy to be paid pending the hearing and/ or determination of the motion-in-chief.
In 35 W. Realty Co., LLC v. Booston LLC , 2024 Slip Op 70750[U] [1st Dept 2024] the Appellate Division, First Department granted the landlord’s application pursuant to CPLR 5704(a) seeking, a temporary restraining order compelling defendant to remit use and occupancy pending the hearing and determination of its motion.
A landlord’s entitlement to use and occupancy is not limited to situations where commercial tenants fail to pay, but in residential matters as well.
Recently, the court in 225 East 74th Apartments Corp. v. Skender Rugova granted the plaintiff cooperative a TRO for use and occupancy against a superintendent whose occupancy at the subject super apartment was incidental to his employment but failed to vacate the apartment after his employment was terminated, awarding the cooperative use and occupancy on a TRO at the fair market value as established in the moving papers.
The motion-in-chief was subsequently granted by the court, and the superintendent was ordered to pay use
and occupancy pendente lite at the fair market value. Obtaining a court order directing a tenant to pay use and occupancy is just half the battle. What happens when a tenant fails to comply with a court order for use and occupancy? The legal remedy for the landlord is ejectment.
The Appellate Division, First Department has squarely held that a defendant’s failure to comply with an order directing payment of use and occupancy entitles a plaintiff to a money judgment, an award of judgment of possession, or both. Marbru Assoc. v. White , 206 AD3d 562 (1st Dept. 2022) (“failure to comply with any of these directives will result in ejectment and an award of judgment of possession to plaintiffs”); Rose Assocs. v Johnson , 247 AD2d 222, 223 (1st Dept 1998) , where the Appellate Division, First Department, held:
The tenant’s failure to pay the interim use and occupancy was a violation of a condition to her right to remain in the apartment, ‘permitting defendant [landlord] to apply for appropriate relief, e.g., a money judgment, or eviction, or both.’ (internal citation omitted).
The Appellate Division is abundantly clear that ejectment is proper when a tenant or occupant fails to comply with orders directing payment of use and occupancy, as it is a condition of the continued occupancy of a subject premises.
The reasoning behind such well-settled policy was enunciated in 61 West 62nd Owners Corp. v. Harkness Apartment Owners Corp. , 202 AD2d 345, 346 (1st Dept. 1994), where the First Department stated, a party claiming a security interest in a lease must, as a condition for asserting its right in the litigation, comply with the court’s directions to maintain the status quo or lose its interest in the property.
Under the foregoing authorities, if a tenant or occupant fails to pay use and occupancy and/or rent in violation of a Supreme Court order, the landlord can seek to recover possession of the premises thereof as a remedy for the contemptuous behavior of violating party.
In Black Quarry Millwork, LLC v Sandy Littman Realty Corp. , Index No. 153243/2022 (NYSCEF Doc. No. 136), the court granted landlord’s order to show cause seeking, inter alia, immediate possession of the subject premises based upon tenant’s failure to comply with this court’s order directing tenant to post a bond and remit payment for ongoing use and occupancy. This court’s reasoning in Black Quarry is crystal clear, to wit: “[p]laintiff cannot simply ignore the court’s order and it cannot occupy the premises without paying for its use.”
The landlord’s entitlement to possession of the subject premises if the tenant violates a Supreme Court order for use and occupancy is absolute and can be granted as part of an award of contempt of court from the tenant’s failure to comply with the court order.
Accordingly, such relief can be granted even when the landlord does not have an underlying cause of action for ejectment in its complaint. The relief can be granted as part of a content application for failure to comply with the court order. If the relief is granted as part of contempt, the landlord may also avail itself of other statutory remedies such as a money judgment for the unpaid amounts of use and occupancy as well as attorney fees, costs and disbursements pursuant to the New York State Judiciary Law §773.
While making a motion for use and occupancy in Supreme Court is a powerful tool for the landlord to ensure that the tenant is not unjustly enriched by virtue of remaining in possession of premises without compensating the landlord, this relief is not always available to the landlord.
For instance, a landlord cannot obtain an emergency TRO to pay use and occupancy in Civil Court in summary proceedings. Summary proceedings are statutory proceedings governed by the RPAPL in which certain landlord-tenant cases are commenced in Civil Court, which has historically been the predominant venue for landlord-tenant matters. This is due, in part, to the fact that summary proceedings are intended to be expedited proceedings to hear landlord-tenant matters.
RPAPL §745 does not entitle the landlord to immediate use and occupancy like a landlord would be able to obtain in Supreme Court, but rather the landlord cannot make a motion for use and occupancy pursuant to our RPAPL §745 until, at a minimum, after the 60th day after the first appearance of the parties in court, less any days that the proceeding has been adjourned upon the request of the petitioner/landlord, counting only days attributable to a germane request made solely at the request of the respondent/tenant and not counting an initial adjournment requested by the respondent to obtain counsel, whichever occurs sooner.
Additionally, the remedy for the landlord in the event that a tenant fails to pay use and occupancy in a summary proceeding as ordered by the court per our
RPAPL §745 is not a money judgment and/or possession of the subject apartment, rather the sole remedy is that the court, upon an application of the petitioner landlord, “may order an immediate trial of the issues raised in the respondent’s answer.
An “immediate trial” shall mean that no further adjournments of the proceeding upon respondent sole request shall be granted, the case shall be assigned by administrative judge to a trial ready part and such trial shall commence as soon as practical and continue until completed.” See RPAPL §745.
In such event, a trial is to then be scheduled and presided over until the issues are complete. Summary proceedings have historically and remain by the courts to be the preferred venue for landlord-tenant matters; however, some landlord-tenant disputes cannot be heard in summary proceedings, as the nature of the relief that the landlord and/or tenant may be seeking may not be available in summary proceedings, such as instances where a commercial tenant is seeking a Yellowstone injunction to toll the tenant’s time to cure its default after a landlord sends a notice of default. A Yellowstone injunction, can only be obtained and heard in Supreme Court, along with instances where a landlord and/or tenant may be seeking other damages or remedies which are outside the scope of the confines of the RPAPL.
Whatever type of case of a landlord and tenant may have in whichever court of competent jurisdiction the fact simply remains, if a tenant wants to stay in their space the tenant has to pay.
PRESS RELEASES
Throughout this recent quarter, R&E’s attorneys had a number of remarkable achievements, including representing a number of key clients, appointment to Housing Court Advisory Council, as well as expanding its team of attorneys.
Rosenberg & Estis Represents the Durst Organization in New Dining Concept at Iconic One Bryant Park
Featuring Jolie E. Meer and Meghan Paola
April 9, 2025: Rosenberg & Estis, P.C., currently celebrating its 50th year as one of New York City’s pre-eminent real estate law firms, represented The Durst Organization on a new restaurant lease at One Bryant Park, a state-of-the-art Midtown skyscraper anchored by Bank of America.
Rosenberg & Estis Member Jolie Meer and Associate Meghan Paola negotiated a 15-year, 9,000-square-foot lease with the Momoya, which will open an elevated new Japanese restaurant concept on the ground floor featuring both indoor and outdoor dining.
“Bringing a world-class dining experience to an iconic property like One Bryant Park further positions the asset as a premier New York City destination,” said Meer. “It was a pleasure to work with The Durst Organization and the Momoya team to make this vision a reality.”
The 100%-leased One Bryant Park was the first skyscraper in North America to achieve LEED Platinum certification, ranking among the most environmentally advanced skyscrapers in the world. The 51-story office tower was conceived with the vision of creating the highest quality modern workplace emphasizing daylight, filtered air, and is located directly across from Bryant Park, one of the most popular public spaces in New York City.
The building was developed by The Durst Organization for Bank of America, and this latest transaction brings Rosenberg & Estis full circle with the property.
Rosenberg & Estis Chairman Gary Rosenberg originally worked with The Durst Organization Chairman Douglas Durst in the 1970s and 80s, assembling the site that would become the location for One Bryant Park. At that time, Durst credited the
law firm for devising a structure that led to a binding agreement securing the bank’s commitment before the building was even designed, while ensuring assistance for the project from the Empire State Development Corporation and the New York City Economic Development Corporation.
Jody Durst, President of The Durst Organization, commented, “When we met the team behind Momoya, we knew their vision would be a perfect fit for the Bryant Park neighborhood, one of the most in-demand office and travel destinations in New York City.”
Momoya President KwangHo Lee operates three locations of the beloved Japanese restaurant Momoya, an elevated kaiseki restaurant Kappo Sono in Union Square and three outposts of the casual sushi concept Happy Tuna. The restaurant at One Bryant Park is expected to open later this year with a new dining concept and a redesign of the space.
This was the first time since the tower was built that the ground floor restaurant space has become available, having been occupied by renowned chef Charlie Palmer for two of his restaurants over the past 16 years.
Durst was represented by in-house leasing executives Thomas Bow, Rocco Romeo and Nora Caliban. Christopher Owles of Sinvin Real Estate represented Momoya.
Meer, who has represented Durst on numerous leasing transactions at properties including VIA 57 WEST, FRANK 57 WEST, Sven and EOS Nomad added, “This world-class dining experience adds to an office tower that has redefined the standard for a superior work environment.”
Jolie E. Meer Member
Meghan Paola Associate
Attorney Deborah Riegel Appointed to Housing Court Advisory Council
Rosenberg & Estis Member will play key role in appointment of Housing Court Judges
Featuring Deborah E. Riegel
March 31, 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 Member Deborah E. Riegel has been appointed to the Housing Court Advisory Council by the New York State Unified Court System.
Riegel will serve as one of two landlord representatives on the Advisory Council for the Housing Part of the Civil Court of the City of New York for a three-year term ending in March 2028.
Governed by NYS statutes, the Advisory Council recommends individuals for appointment to preside as New York Housing Court Judges and annually reviews and reports on the functioning of the Housing Part 1. The announcement was made by Hon. Joseph A. Zayas, Chief Administrative Judge of the New York State Unified Court System.
Riegel commented, “I am humbled by the trust Judge Zayas has placed in me and look forward to being of service. Housing Court is more critical than ever in providing both owners and tenants an expert forum in which to reach an expeditious resolution of their disputes. I look forward to working with the Council to enhance and support the Court’s important legacy.”
Over a nearly 30-year career, Riegel has become one of New York’s most accomplished real estate advisors and litigators and a trusted source to the city’s leading property owners, operators and investors. She has secured some of the most significant court decisions that have impacted the New York housing sector and won numerous precedent-setting decisions with
far-reaching effects on the city and its residents.
Riegel successfully argued before the New York State Court of Appeals in Regina Metropolitan and defeated the retroactive implementation of the controversial Housing Stability and Tenant Protection Act (HSTPA) of 2019. Her role in negating its retroactive application in pending and future rent overcharge cases directly saved city landlords from millions of dollars in liability rent overcharge had HSTPA been retroactively applied. This also protected landlords from potentially catastrophic underwriting and liability exposure.
She also played a prominent role in challenging the Emergency Rental Assistance Program (ERAP) that delayed landlords’ efforts to advance eviction cases, which ground to a halt during the COVID pandemic.
In a letter announcing Riegel’s appointment, Judge Zayas wrote, “I know that with your background and experience, you will make a significant contribution to the Advisory Council’s excellent record of recommending candidates of the highest quality for appointment and ensuring that we maintain a highly qualified housing Court bench.”
Deborah E. Riegel Member
Rosenberg & Estis, P.C. Continues Expansion with Appointment of Transactions Specialist
Sean Garahan
Appointment is latest in a series of new hires that have positioned firm as industry leader
Featuring Sean M. Garahan
March 3, 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 Sean Garahan has joined the firm’s expanding roster of attorneys as a Member within the Transactions Department.
Garahan is a highly respected transaction attorney with extensive experience representing owners, investors and developers in all aspects of commercial real estate deal making. He has risen to prominence as a leading expert in complex real estate finance structures, representing both borrowers and lenders in mortgage, mezzanine, CMBS, construction, and other financings, as well as complicated restructuring and workout arrangements.
“With his impressive background in all aspects of commercial real estate transactions, Sean will be a great addition to our team and will contribute significantly to the continued success and growth of the firm,” said Managing Member Michael Lefkowitz.
Garahan’s experience spans all asset types and includes such major developments as the acquisition of the $5.7 billion American Dream mall in New Jersey, an $870 million acquisition and bridge loan for a luxury New York City apartment development, and a $1.7 billion package that included EB-5 funding for a Joint Venture building a mixed-use property in Manhattan.
He also has significant experience representing clients in the purchase and sale of subordinated and mortgage debt, including the negotiation of participation, intercreditor, and co-lender agreements. Over the course of his career, he has represented institutional lenders in the origination of CMBS mortgage financings in excess of $10 billion.
Garahan joins Rosenberg & Estis, P.C., from Nixon Peabody, where he served as Special Counsel following a career that has included stints with Pillsbury Winthrop Shaw Pittman, Mayer Brown, and Holland & Knight. He began his career as a paralegal with Pryor Cashman, studying for his Juris Doctor (JD) at New York Law School and later becoming an Associate with that firm. He received his bachelor’s degree from Boston College and his master’s from St. John’s University.
Said Garahan, “I’m thrilled to be joining Rosenberg & Estis, P.C., whose work across the real estate landscape is a benchmark of excellence. With my experience in structured financing and high-value deals, I look forward to bringing my results-driven approach to support our clients in achieving their goals.”
Garahan’s appointment is the latest in a series of new hires at R&E as the firm continues to bolster its experienced bench of attorneys equipped to navigate the city’s ever-changing real estate landscape. Most recently, former New York City Public Housing Preservation Trust General Counsel Lisa Lim was recruited to join a dedicated New York City Development Group focused on City of Yes regulations. Raychel A. Camilleri also joined the firm as a Member within the Litigation Department highly skilled in navigating complex high-exposure, casualty, construction and real estate disputes.
Added Lefkowitz, “For 50 years, Rosenberg & Estis, P.C., has evolved and grown with the city’s real estate industry. Historic changes over recent years have driven our continued efforts to adapt and leverage the expertise of our team members to provide our clients with the most effective support and value in a dynamic business landscape.”
Sean M. Garahan Member
Raychel A. Camilleri Joins Rosenberg & Estis, P.C.
Accomplished trial lawyer will work to resolve complex disputes as CRE market charts path forward
Featuring Raychel A. Camilleri
Raychel A. Camilleri Member
February 6, 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 Raychel A. Camilleri has joined the firm as a Member within the Litigation Department.
An accomplished trial lawyer sought for her experience and success in navigating complex high-exposure, casualty, construction and real estate related matters, Camilleri during her 14 years of practice has succeeded in managing risk and containing costs for her clients from pre-litigation settlements, through motion practice, trial preparation and trials to verdict. More specifically, Camilleri focuses her practice on construction defect litigation, products liability, labor law, excess liability, general liability, and general commercial litigation matters. She also has extensive appellate experience before the New York State Appellate Division, First and Second Departments.
Michael E. Lefkowitz, Managing Member of Rosenberg & Estis, P.C. and a leader of the firm’s Transactions Department, said, “Lenders, owners and investors continue to grapple with distress as the city’s real estate market works through the current period of emerging from disruption. Raychel’s expertise in navigating complex disputes will further strengthen our ability to help clients achieve solutions that satisfy their business needs; we are excited to welcome Raychel to R&E.”
“I am excited to join Rosenberg & Estis at this critical juncture in the markets cycle, and I look forward to collaborating with R&E’s talented pool of attorneys to assist clients seeking a practical efficient path through litigation and dispute resolutions,” Camilleri said.
Camilleri joins R&E from Biedermann Hoenig and Semprevivo, P.C., where she was a Shareholder. Before that, she was a trial attorney with the Law Office of Jennifer Adams and with the Law Office of Bryan M. Kulak. She earned her J.D. at Western New England University School of Law and B.A. at Bucknell University. Camilleri is admitted to the Bar of New York State, United States District Court, Southern District of New York and United States District Court, Eastern District of New York.
Veteran Real Estate and Housing Specialist Attorney Lisa S. Lim Joins Rosenberg & Estis, P.C.
Accomplished State and City housing and economic development specialist will add expertise to dedicated City of Yes development group
Featuring Lisa S. Lim
January 22, 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 Lisa S. Lim has joined the firm’s expanding roster of attorneys as a Member within the Transactions Department. Lim will contribute her extensive experience in real estate finance and development, affordable housing, and economic development as part of the firm’s dedicated New York City Development Group.
Ranked among the City’s Outstanding Legal Counsel, Lim’s practice is focused on publicprivate collaborations with an emphasis on tax exempt bonds, affordable housing, and regulatory frameworks. She has served as lead counsel on multiple 80/20, affordable and mixed-use projects and played key roles in structuring and closing some of New York’s most transformative developments, including the $2 billion Cornell Tech campus on Roosevelt Island that she negotiated with Cornell University, Roosevelt Island Operating Corp., the City and the State of New York.
Lim has spent over 30 years representing developers, lenders, not-for-profit entities, and government agencies in the structuring, negotiation, and closing of complex transactions in every asset class, including mixeduse, multifamily, condominiums, hotels, churches, schools, and commercial property. She is a recognized thought leader who enjoys working on deals from start to finish, inclusive of land use, acquisition, financing, construction and stabilization.
Michael E. Lefkowitz, Managing Member of Rosenberg & Estis, P.C. and a leader of the firm’s Transactions Department, noted that Lim’s appointment comes as the city embarks on its historic City of Yes plan, the most ambitious update to NYC’s zoning code since 1961 devised to support growing businesses and commercial corridors, and to develop much needed housing.
Said Lefkowitz, “Lisa’s extensive experience in complex development and finance issues and her deep knowledge of government agencies and their programs further strengthens our awardwinning team’s ability to help clients navigate historic zoning changes and position them to advance new development opportunities.”
Lim joins R&E from the New York City Public Housing Preservation Trust, where she served as General Counsel. Before that, she was a partner at Akerman LLP following a career that included serving Empire State Development, New York State Housing Finance Agency, New York City Housing Authority, and the State of New York Office of the Attorney General.
Her work has included legal representation around the Harlem Children’s Zone Promise Academy I in Harlem, the New York Genome/ University of Buffalo Genomics Center joint venture, the Charles B. Wang Community Health Center’s Healthview health center in Flushing, and a three-phase 500-unit mixed-use affordable housing project in East New York. Lim has negotiated and closed deals
Lisa S. Lim Member
involving multiple City and State agencies as well as national entities, such as the United States Department of Housing and Urban Development (HUD), Fannie Mae, and Freddie Mac.
“I am thrilled to be joining one of the city’s most recognized real estate law firms with a demonstrated excellence in completing complex transactions under often strict timelines,” said Lim. “As the State and City moves forward with its ambitious initiatives, I look forward to collaborating with its talented pool of attorneys to get projects financed, completed and put to use for the good of the city overall.”
Lim earned her J.D. at Fordham School of Law and B.A.’s in Economics and Political Science from Wellesley College, cum laude. She is the recipient of numerous professional accolades, including Super Lawyers (New York 20152023); Best Lawyers in America for Public Finance 2023; Globe Street Commercial Real Estate Woman of Influence 2022 Honoree; New York Real Estate Journal 2019, Recognized as a “Leading Woman in Real Estate”; Best Hotel Lawyer Award by the America China Hotel
Association 2018; Best Lawyer Award by Taishanese in America; Sokol Media and NYCREW 2015, Recognized as “15 Top Women to Watch in 2015” in Real Estate.
Lim is a Fellow in the American College of Real Estate Layers (ACREL), where she was Co-Chair of the New Fellows Committee and now serves on the Membership Committee. Lim is an Adjunct Professor at Fordham Law School.
Lim serves as a board member of the Urban Law Center at Fordham School of Law; an advisory board member of Asian Real Estate Association of America (AREAA) Manhattan; a board member and executive committee member of the Beaverkill Mountain Club. Lim is also a member of the board of The Child School/Legacy High School, a state funding-approved private, special education school for students with learning disabilities.
Rosenberg & Estis, P.C. Secures Eviction Order and Monetary Judgement Against Building Super Who Refused to Leave
Court awards swift remedy to Upper East Side co-op in plenary action against terminated superintendent
Featuring Alex M. Estis and Ariel S. Bresky
Ariel S. Bresky Associate
January 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.
Alex M. Estis Member
RECENT EVENTS
As New York City’s premier real estate law firm, R&E attorneys are regularly invited to serve as speakers on in-person panels and webinars, while also attending key industry and charitable events to stay engaged and give back to the community.
04.10.2025 – 04.12.2025
Metro New York District Church of the Nazarene’s 118th District Assembly
R&E Member Lisa S. Lim participated in the Metro New York District Church of the Nazarene's 118th District Assembly meeting at The Life Christian Church in West Orange, New Jersey. The District Assembly gathered all Church pastors and lay leaders, giving R&E a unique opportunity to connect and share its services with Church leadership.
04.10.2025
Wellesley In Commercial Real Estate Breakfast Roundtable
R&E Member Lisa S. Lim was proud to host the Wellesley in Commercial Real Estate "City of Yes" Breakfast Roundtable alongside fellow R&E Counsel, David J. Rosenberg. It was a fantastic morning filled with meaningful conversation and insights about what's ahead for the "City of Yes" initiative. A big thank you to everyone who joined us and helped make the event a success — Carolyn Pianin, Angela Lin, Eryn Halvey, Heather Sloan, Iris Haastrup, Jessica Richardson, Sandy Cleveland, and Adelia Wu. We’re excited to keep the momentum going and continue shaping the future of NYC real estate!
04.04.2025
Columbian Lawyers Association 2025 58th
Annual Rapallo Scalia Award Luncheon
R&E Attorneys attended the Columbian Lawyers Association 2025 58th Annual Rapallo Scalia Award Luncheon, held at the Pierre Hotel in New York. This year, the Charles A. Rapallo and Justice Antonin Scalia Award was presented to the Honorable Donna-Marie E. Golia, Associate Justice, New York State Supreme Court, Appellate Division, Second Department. It was presented by Honorable Anthony Cannataro, Associate Judge, New York State Court of Appeals.
04.03.2025
NBI: Commercial Real Estate Purchase and Sale Agreements
R&E Member Matthew S. Blum presented at the NBI CLE Webinar for Attorneys, on "Commercial Real Estate Purchase and Sale Agreements." Matthew educated attendees on the nuances of commercial real estate purchases and sales agreements.
04.03.2025
AREAA Manhattan Commercial Real Estate: City of Yes - Housing Opportunities | What’s New in NYC Zoning?
R&E Member Lisa S. Lim (Photographed Left) was invited to moderate the AREAA Manhattan Commercial Real Estate Event, co-hosted with Adler & Stachenfeld LLP – “City of Yes: Housing Opportunities | What’s New in NYC Zoning?” The event sparked a dynamic discussion, offering valuable insights and key takeaways on the evolving zoning policies in NYC and the opportunities they present. A heartfelt thank you to the panelists – Ashley Doukas, YuhTyng Patka, and Helen Raki Hwang – for their contributions, and to everyone who participated and helped make the event a success: Karen K.H. Park, Benny Lee, Byran Ahn, Michael Fong, and Kayla Lee.
04.01.2025
The Jewish Lawyers Guild 46th Annual Gala
R&E attended The Jewish Lawyers Guild 46th Annual Gala at the Metropolitan Pavilion. This year's honorees were Hon. Joseph A. Zayas, Hon. Shlomo S. Hagler and Hon. Hilary Gingold. The firm was proud to participate in the celebration, with R&E Counsel Moshe Nachum, Associate Jason A. Gil, Counsel Jake W. Bedor, Associate Miriam E. Avrutin and Members Anthony J. Virga, Devin P. Kosar, Ethan R. Cohen, Adam R. Sanders and Deborah E. Riegel (Photographed Left to Right) in attendance.
04.01.2025
ALM Globe St. Women of Influence Series New York
R&E Associates Ashley F. Williams and Laura A. Raheb (Photographed Left to Right) attended the ALM Globe St. Women of Influence Series at the Marriott Marquis. This exclusive, closeddoor networking event brought together women leaders in commercial real estate for an intimate evening of connection and collaboration. Designed to celebrate the accomplishments and expertise of women in the industry, the gathering offered a unique opportunity to build relationships, exchange insights, and explore potential deals with female industry leaders.
03.19.2025
Webinar: J-51 Reform Program: April 30 Filing Deadline
R&E Members Benjamin M. Williams and Daniel M. Bernstein (Photographed Left to Right) hosted a webinar to provide a comprehensive overview of the newly updated “J-51 Reform” (J-51 R) real property tax abatement program. The webinar cover ed detailed explanations of the new J-51 R program and CRC schedule, essential application requirements and deadline, best practices to ensure compliance and maximize available tax abatements, and specific eligibility criteria for various building types.
03.13.2025
GreenPearl National Real Estate Development Forum 2025
R&E Member Daniel M. Bernstein (Photographed Center) participated in the 2025 National Real Estate Development Forum, a premier gathering of thought leaders and innovators in the real estate sector. As part of the event’s high-impact programming, Daniel served as moderator for the panel titled “Low on Supply: The Housing Crisis and the Effort to Develop Affordable Units Nationally.” The discussion brought together leading developers, policymakers, and housing advocates to explore strategies for addressing the critical shortage of affordable housing across the country. Under Daniel’s guidance, the panel offered valuable insights into policy reforms, financing models, and collaborative efforts aimed at expanding access to affordable housing on a national scale.
03.12.2025
GreenPearl Real Estate Women’s Forum
R&E Members Jolie E. Meer and Jeanine Floyd (Photographed Left to Right) proudly served as Chairpersons at the GreenPearl Real Estate Women’s Forum 2025—an influential event celebrating women leaders across the industry. Jeanine chaired the "Women in Multifamily Operations Private Roundtable", guiding a focused discussion on operational trends, challenges, and innovations shaping the multifamily sector. Jolie led the "Women in Office Property Private Roundtable", facilitating meaningful dialogue around the evolving office market and strategies for future growth.
03.11.2025
Webinar: Midtown South MixedUse Plan (MSMX)
R&E Member Daniel M. Bernstein, Counsel
David J. Rosenberg and Member Adam R. Sanders (Photographed Left to Right) hosted the firm’s NYC Development Group (NYCDG) inaugural webinar on the Midtown South Mixed-Use (MSMX) rezoning plan, which is expected to be adopted by NYC later this year. The program featured an insightful discussion on development strategies, affordability requirements, tax incentives, and the exciting opportunities this transformative project will bring to the heart of NYC.
03.11.2025
Webinar: Corporate Transparency Act: March 21 Deadline & FinCEN’S expected deadline extension, and a look ahead at New York’s LLC Transparency Act (Effective January 1, 2026)
R&E Member William R. Byers, joined by moderator Dave Lorenzo of Exit Success Lab (Photographed Left to Right), led a comprehensive and engaging webinar focused on the evolving landscape of corporate transparency regulations. The session provided an in-depth analysis of the Corporate Transparency Act, including the anticipated deadline extension from FinCEN, key compliance obligations for businesses, and a forward-looking perspective on New York’s LLC Transparency Act, slated to take effect on January 1, 2026.
03.06.2025
Bisnow NY Multifamily Development and Investment
R&E Counsel Nicholas DiLorenzo (Photographed Left) served as a moderator at the Bisnow NY Multifamily Development & Investment event, leading the panel discussion “Multifamily Development Outlook & 485X Impact on Project Pipelines.” The panel brought together leading voices in real estate development to explore the current state and future trajectory of multifamily projects in New York.
03.06.2025
T he Torch Foundation’s 35th Annual Monte Carlo Night
Flies”, Honoring Gary M. Rosenberg
R&E Founding Member and Chairman Gary M. Rosenberg was honored as 2025 Professional of the Year at the Torch Foundation’s 35th Annual Monte Carlo Night held at Chelsea Piers in Manhattan. R&E Members Michael E. Lefkowitz, Jason R. Davidson, Michael A. Pensabene, Deborah E. Riegel, Alex M. Estis, Ethan R. Cohen, and friends and family were in attendance. George Shea and Linda O’Flanagan from Shea Communications, the firm's PR Agency, were also in attendance to celebrate this incredible honor.
03.05.2025
Welcome Reception for New Member Lisa S. Lim
R&E and New Member Lisa S. Lim welcomed industry contacts to a networking session to showcase how the firm is shaping the future of New York City’s skyline. Thank you to everyone who joined us for an evening of insightful conversations and valuable connections.
03.04.2025
NYCLA Annual Gala
R&E attorneys attended the 2025 NYCLA Annual Gala, honoring the Commercial Division of the New York State Supreme Court on its 30th Anniversary. This year's gala took place at the Pierre Hotel in New York City. Photographed above (Left to Right) are Peter B. Kane, Ethan R. Cohen, Jake W. Bedor, Deborah E. Riegel, Brett B. Theis and Michael A. Pensabene.
03.04.2025
BOMA’s First Annual Women Shaping the Future of Commercial Real Estate Event and Panel
R&E Member, and Chair of the Women’s Group, Cori A. Rosen, hosted R&E member Raychel A. Camilleri, and associates, Miriam E. Avrutin, Amanda Katz, Laura A. Raheb, and Ashley F. Williams at BOMA’s First Annual Women Shaping the Future of Commercial Real Estate Event and Panel. The event included an awe-inspiring speech with empowering references from iconic Broadway shows, by Caroline Gadaleta, Executive Managing Director and Head of Tri-State and Greater Philadelphia Property Management at JLL. There was also a lively panel of accomplished women, encouraging mentorship, support and uplifting of fellow females in commercial real estate. Photographed above (Left to Right) are Laura Raheb, Amanda Katz, Cori Rosen, Raychel Camilleri and Ashley Williams.
02.27.2025
Bisnow NY Conversions and Adaptive Reuse Conference
R&E Members William R. Byers, Daniel M. Bernstein and Adam R. Sanders (Photographed Left to Right) attended a conference on "Conversions and Adaptive Reuse Conference," hosted by Bisnow New York at the New York City Bar Association. The conference was a great opportunity to gain valuable insights on Officeto-Residential conversions in NYC and the legal and tax incentives fueling this transformation.
02.25.2025
Friends of Saint Dominic’s Annual Networking Event
R&E Members Bradley S. Silverbush, Luise A. Barrack and Michael A. Pensabene (Photographed Left to Right) attended the 2025 Friends of Saint Dominic’s Annual Networking Event at St. Bartholomew’s Church.
Friends of Saint Dominic’s is a fundraising partner of Saint Dominic’s Family Services, committed to securing resources that drive the agency’s growth, expansion, and ongoing mission of empowering individuals, strengthening families, and inspiring hope since 1878.
02.11.2025
Fordham University, School of Law: 2025 Small and Midsize Law
Firm Reception
R&E Members Jeanine Floyd and Peter B. Kane (Photographed Left to Right) returned to their Alma Mater, Fordham University, School of Law to attend the 2025 Small and Midsize Law Firm Reception. This event presented a wonderful opportunity for R&E Attorneys to network with Fordham law students, share information about the firm and their respective practice areas.
02.07.2025
SPONY 40th Anniversary Reception
R&E Members Zachary J. Rothken and Anthony J. Virga attended the Small Property Owners of New York Inc. (SPONY) 40th Anniversary Reception Honoring SPONY Founders - Jimmy Silber and Frank Ricci. The evening was a tremendous success. Photographed above (Left to Right) are Zachary J. Rothken, Ann Korchak, President of SPONY, and Anthony J. Virga.
Founded in 1984, SPONY is a non-profit volunteer organization of small housing providers. Many of its members are multigenerational family-owned businesses, with owners’ families living alongside tenants in their properties. These deep foundational community roots make SPONY ideally suited to meet the housing needs of the neighborhoods they serve.
01.28.2025
Council of New York
Cooperatives
& CondominiumsAction Committee for Reasonable Real Estate Taxes
R&E Member Benjamin M. Williams was a featured guest speaker for the Council of New York Cooperatives & Condominiums' Action Committee for Reasonable Real Estate Taxes webinar. During this webinar, Ben spoke about the new J-51 property tax abatement program and what owners need to know.
01.22.2025
CLE: Development Opportunities and Diligence Issues after City of Yes
R&E Counsel David J. Rosenberg presented an in-house CLE titled “Development Opportunities and Diligence Issues after City of Yes.” The session explored the evolving landscape of New York City development, empowering our attorneys with very useful insights on this new initiative.
01.21.2025
YMCA Leader’s Club Rowe Scholars
R&E Member and Head of the Litigation Department, Luise A. Barrack had the pleasure of meeting with participants of the YMCA Leader’s Club Rowe Scholars on January 21, 2025. During this session, Luise shared her professional journey and discussed the teens’ career goals. It was a rewarding experience for both the scholars and Luise, leaving all feeling inspired and optimistic about the future.
01.16.2025
Managing Manhattan, Episode 101: How to Protect the Landlord
R&E Member Deborah E. Riegel was a guest on the premiere episode of the “Managing Manhattan” Podcast with Dylan Pichulik, CEO of Premiere Property Management from XL Real Property Management at Brown Harris Steven’s Studio. In this episode, Dylan and Deborah discussed rental transactions in NYC, Landlord Tenant Law and how landlords can protect themselves in their real estate endeavors.
01.16.2025
REBNY Annual Banquet 2025
The Annual REBNY Gala was nothing short of amazing. The event saw R&E Attorneys Luise A. Barrack, Michael E. Lefkowitz, Michael A. Pensabene, Deborah E. Riegel, Gary M. Rosenberg, Richard L. Sussman, Daniel M. Bernstein, Alex M. Estis, Norman F. Flitt, Christopher A. Gorman, Richard Y. Im, Devin P. Kosar, Adam J. Lindenbaum, Charles R. Pierce, Cori A. Rosen, Zachary J. Rothken, Adam R. Sanders, Brett B. Theis, Anthony J. Virga and David J. Rosenberg in attendance. It was the perfect evening to connect with old and new friends and to celebrate this industry we all love. Photographed above (Left to Right) are Zachary J. Rothken, Anthony J. Virga, Michael A. Pensabene, Luise A. Barrack and Cori A. Rosen.
