David B. Rosenbaum

Work Email: DRosenbaum@borahgoldstein.com

Telephone:(212) 431-1300, Ext. 360
Facsimile:(212) 965-2732
View vCard

Prior to joining Borah, Goldstein, he was a partner with Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C. In 1993, Mr. Rosenbaum was admitted to the Israeli Bar and completed his mandatory Articles of Apprenticeship at the offices of Gross, Hodak and Co., concentrating on drafting English language commercial contracts.

In 1997, Mr. Rosenbaum joined the firm as a partner and assisted in the Landlord-Tenant division particularly in New York County.

From 2000 to 2003, Mr. Rosenbaum with two other seasoned attorneys opened Kramer, Roth & Rosenbaum L.P., a boutique Real estate litigation firm.

In March 2003, Mr. Rosenbaum rejoined Borah, Goldstein as a senior member concentrating on commercial and residential landlord-Tenant litigation. He co-supervises the Commercial Landlord-Tenant area and Supreme Court Divisions and actively mentors associates at the firm.

Mr. Rosenbaum litigates and tries commercial matters both in the Supreme and Civil Courts. His experience includes litigation in all related real estate matters, administrative law matters, and appeals.

Besides thirty years of active experience in the area of real estate litigation, Mr. Rosenbaum serves as a Member of the New York State Bar Association and the New York County Lawyers' Association. He is also a member and trustee of the Jewish Lawyer's Guild. Additionally, he was appointed a Housing Court "mentor" by the Hon. Fern Fischer to provide advice to attorneys practicing in the Housing court. He also volunteers as a Small Claims arbitrator.

Practice Areas:

Education:

  • Touro College School of Law, J.D. – 1984
  • Queens College and CUNY Graduate Center, M.A./B.A. – 1981

Bar Admissions:

  • New York – 1985
  • U.S. District Court, Eastern District – 1989
  • U.S. District Court, Southern District – 1989
  • Israel – 1994

Bar Affiliations:

  • New York County Lawyers’ Association
  • New York State Bar Association

Recent Notable Decisions:

  • 149 Madison LLC - v. - PSF Shoes Ltd et al, (September 16, 2016) Landlord granted summary judgment against commercial tenant and guarantor for post-vacatur rent. Tenant breached the lease by vacating during the term thereof, and the guarantor held liable for tenant's default because tenant failed to return possession in a manner that would have terminated guarantor liability.
  • New Whitehall Apartments LLC, v. S.A.V. Associates, Inc. (August 12, 2016) Landlord commenced end of lease holdover. Tenant contended lease was still in effect for 4 more years. Court held trial on lease interpretation as there was a scrivener's error in the lease. The court found landlord intended lease to expire on the earlier date and credited landlord's testimony, rejecting tenant's testimony. Court accepted parole evidence as to the parties' intentions in negotiating the lease.
  • Verona Wine Bar vs. 353 West 20 th Street LLC (August 1, 2016). In this case, Tenant’s Yellowstone injunction application denied: it failed to provide proof of insurance coverage, a non-curable default and the lease provided for waiver of injunctive relief.
  • 274 Madison v. Ramsundar (March 3, 2016) The owner was granted summary judgment on breach of lease/guaranty claim, and included Debtor/Creditor Law causes of action as well.
  • 191 St. Assoc. LLC v Cruz - (February 8, 2016) Landlord appeals from an order of the Civil Court of the City of New York, New York County (Anne Katz, J.), entered April 28, 2014, which conditionally granted tenant's motion to stay execution of the warrant of eviction in a nonpayment summary proceeding. Court reversed lower court holding tenant’s stipulation rent default not curable.
  • 141 Avenue A Associates LLC, pet-land-app v. JAY KLEIN, res-tent-res - (October 23, 2015) The Court Reversed and enforced chronic nonpayment stipulation.
  • 50 East v. Affinity LLC et al. - (November 10, 2014) We obtained summary judgment against both the tenant of record and both guarantors.
  • Empire LLC - v. - Luis D. Montes - (October 28, 2014) Summary judgment against tenant for unpaid rent and additional rent on commercial spaces in the amount of $79,608.16, together with interest.
  • Sixth Avenue West Associates, LLC - v. – Manhattan Wholesales, Inc. et al - (October 23, 2014) In this favorable decision, owner obtained summary judgment on lease and guarantee.
  • 2794 Broadway Acquisitions LLC v. AJS Public House Corp- (January 28, 2013) Court found real estate escalation clause did obligate tenant to pay increase of real estate tax based on improvements to the building which were not for the benefit of the tenant’s space.

Publications:

Presentations:

  • Senior Partner David B. Rosenbaum was a featured speaker at New York Association of Realty Management (NYARM). The topic was " Residential & Commercial Collections/Judgment Enforcement and Holdover/Non Payment Proceedings". February 21, 2017.
  • Mr. Rosenbaum presented on " Commercial Lease Pitfalls and How to Avoid Them" at the New York Association of Realty Management (NYARM) on Decemeber 6, 2016.
  • "Practical Advice on Litigating a Yellowstone Injunction Action Once Issued", Mr. Rosenbaum presented for CLE credit in May, at the New York State Bar Association's Real Property Landlord and Tenant Committee, May 2015. Click here to see sides.