ROSENBERG & ESTIS, P.C.
733 THIRD AVENUE, NEW YORK, NY 10017
PRESS CONTACT: Shea Communications, LLC, Linda O’Flanagan, George Shea (332) 456-5459 linda@sheacommunications.com
FOR IMMEDIATE RELEASE
ROSENBERG & ESTIS, P.C. SUCCESSFULLY WINS REMOVAL OF FORMER
SUPER USING DOCTOR’S OFFICE AS HIS HOME
Attorneys employ legal strategy that secures use & occupancy, possession judgement
NEW YORK, September 4, 2025 – Rosenberg & Estis, P.C., one of New York City’s preeminent real estate law firms, announced it successfully secured a property owner’s right to regain possession of a commercial unit in New York’s Chelsea neighborhood where a former building superintendent was squatting after being fired from his job.
Representing the owner of a mixed-use multi-family walkup building in Chelsea, Member Alex Estis and Counsel Ariel S. Bresky obtained a court order enforcing the eviction and securing a rare monetary judgment for retroactive use and occupancy of the basement property.
“This was a clear case of unlawful occupancy, but the legal complexities required a creative and strategic approach,” said Estis. “We not only obtained a judgment for fair market use and occupancy, but we also secured a court order enjoining further residential use and ultimately authorizing eviction.”
The 1,100-square-foot space, designated solely for commercial use and previously used as a doctor’s office, had been unlawfully occupied by the former building employee after he was dismissed in October 2024. The former super never held legal tenancy rights and violated both the building’s COO and multiple housing codes by using the space as a residential apartment.
Leveraging provisions of the Multiple Dwelling Law and Administrative Code, the attorneys highlighted the hazardous nature of the illegal occupancy, which jeopardized the building’s insurance and violated safety standards. Their innovative legal strategy enabled them to leverage the building’s commercial Certificate of Occupancy to prove the tenant’s residential use was unlawful, allowing the landlord to collect use and occupancy and seek removal.
Judge Gerald Lebovits denied the former super’s claims for tenant protections under residential housing laws which normally make use and occupancy fees hard to secure. Noting that Rosenberg & Estis had proven that the space is not legally residential and that residential tenant
protections don’t apply, he granted a judgment of possession to the landlord, rejecting Defendant’s arguments and confirming that he had no legal right to stay in the premises
“In an environment where housing court matters often drag on for years, we resolved this case in just four and a half months,” said Bresky. “This outcome demonstrates that, with the right strategy, swift and favorable results are possible, even in complicated squatter and occupancy disputes.”
Founded in 1975, Rosenberg & Estis, P.C. is widely recognized as one of New York City’s pre-eminent real estate law firms. R&E provides full-service representation and advice in every aspect of real estate, from performing due diligence and evaluating financing, to handling joint ventures, acquisitions and leasing, construction and design team agreements, property tax exemptions and abatements, land use and zoning matters, Real Property Income & Expense (RPIE) filings, real estate tax certiorari, co-op and condo offering plan filings and board representation, distressed situations workouts, foreclosures and bankruptcies, trust and estate planning, as well as the litigations and negotiations which sometimes ensue when deal-making. R&E’s wealth of experience in New York real estate makes it the ideal thought partner for owners, developers, not-for-profit corporations, educational institutions, sponsors, equity investors and lenders in both real estate transactions and in all court venues.