Real Property Issues.
Real World Solutions.
David B. Rosenbaum
- Commercial Non-Payment & Holdover Proceedings
- Residential Holdover Proceedings
- Residential Non-Payment Proceedings
- Supreme Court Litigation
- Administrative Law
- Appellate Practice
- Commercial Leasing
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.
Recent Notable Decisions:
- 32-42 Broadway Owner, LLC v. 42 Broadway News LLC, Bhavya Patel (10/12/2022), Borah Goldstein secures judgment in favor of a commercial property owner in the sum of $263,962.05 plus legal fees against a commercial tenant on a motion for summary judgement. In 32-42 Broadway Owner, LLC v. 42 Broadway New LLC, Bhavya Patel, Index No. 150332/2022 (10/12/2022), Justice Paul A. Goetz found the commercial tenant's arguments that the owner failed to provide unrestricted access to the premises "vague and unsubstantiated," dismissed the defendant's "boilerplate defenses," and found the guarantor personally liable for the unpaid rent. The decision should serve as a warning to commercial tenants whose businesses are considered essential during the COVID-19 pandemic that they are not shielded by the Guaranty law and are obligated to pay rent. The owner was represented by Senior Partner, Board member David B. Rosenbaum. Nicole Meyer, Of Counsel to the firm, assisted on the motion.
- READE BROADWAY ASSOCIATION v. YUEN & ASSOCIATES INC. (January 3, 2022), David's decision was published in the New York Law Journal. In the case of Reade Broadway Ass'n v Yuen & Assoc. Inc., NYLJ 2/2/2022 (Sup. Ct. NY Co. Justice Love), the owner moved for partial summary judgment against the tenant of a commercial space seeking a judgment for rent, and dismissing the commercial tenant's affirmative defenses and counterclaims which included the defenses of frustration of purpose/impossibility of performance and casualty. The court dismissed the commercial tenant's defenses and counterclaims finding that while defendant showed that the purpose of the lease was frustrated and the use of the premises as a law office was briefly rendered illegal the lease contained a carve out requiring the continued payment of rent, and ordered an assessment of damages, rejecting all of tenant's defenses. David was assisted by Joshua Nadelbach and Christopher Dylewski.
- CHELSEA 8th AVENUE, LLC v. OA 21st LLC, CHRISTOPHER ANCI and DUGLAS EVANS (April 30, 2019), Landlord granted summary judgment against commercial tenant and a default judgment against tenant's guarantor for unpaid pre-vacatur and post-vacatur rent. Tenant contended that landlord accepted surrender of the premises by operation of law, thereby terminating the post-surrender rent obligation. The court disagreed since the tenant was evicted and did not surrender. Also, if tenant's vacatur could be construed as a surrender, landlord did not accept the surrender because the lease requires a signed writing as evidence of landlord's acceptance.
- Fifty East Forty-Second Company, LLC v. Ildiko Pekar, Inc., et al. (January 16, 2019). Landlord granted summary judgment for unpaid rent and attorneys' fees against principal of the corporate tenant because the corporation never existed. The constructive eviction defense was unavailing because the business vacated pursuant to a surrender agreement, not because of conditions in the premises.
- Empire LLC v. Armin A. Meizlik Co., Inc. and Harold Weiss (January 4, 2019). Landlord granted summary judgment for $77,399.76 with interest plus attorneys' fees against corporate tenant and guarantor. Landlord did not agree to accept surrender or terminate the Lease, and non-binding communications do not modify the Tenant's obligations under the Lease. Defendants also cannot rely on inadmissible parol evidence to vary the Lease or the Guaranty's unambiguous terms.
- Hudson Realty Associates. LLC V. New Generation Hari Desing, Corp, New Generation LLC, Fior Rodriguez (December 3, 2018) Landlord granted judgement on default against tenant for pre-vacatur rent and post-vacatur rent as damages. Court also granted judgment on default against tenant's president and a president's other corporation, piercing the corporate veil and finding them to be the alter ego of the tenant. The court held there was sufficient evidence showing that the President improperly dominated the tenant corporation and transferred asset to herself. The court also agreed with the landlord that the defendants violated Debtor Creditor Law. Judgement was awarded jointly and severally against all defendants.
- Fifty East Forty Second Company LLC V. Dr. Ilya Akselrud et al.(November 13, 2018) Landlord granted summary judgment for $301,599.93 with interest and attorney's fees. In agreeing or with landlord, that the court held that an oral agreement of surrender cannot modify a written commercial lease which prohibits oral modification. (The lease required all modifications to be in writing and signed by the landlord which Defendant failed to allege.)
- Fifth Partners, LLC v. Hartford CP Management, LLC , LLC, and Irene Shapiro, (October 30, 2018) Landlord granted summary judgment against commercial tenant for unpaid base rent and broker's commission as a re-letting expense. Guarantor is not entitled to apply tenant's security deposit as a setoff. Also, the fact that the broker who re-let the premises represents residential tenants is irrelevant to tenant and guarantor's liability for the broker's commission.
- Fifth Partners, LLC v. PRIVCO MEDIA LLC & ABC INC., (October 30, 2018) Landlord granted summary judgement against commercial tenant awarding both a possessory and money judgement as well as finding the Landlord as the prevailing party entitled to legal fees. The court dismissed all of tenant's affirmative defenses and counterclaim including a challenge to the rent demand actual/partial eviction defense.
- Empire LLC v. Diamond Technology Enterprises, ED & serge Gold and Diamond Corp., (October 29, 2018) Landlord granted summary judgement action against commercial tenant and guarantor based on breach of commercial lease and guaranty. Tenant's defense that lease required service of a preliminary notice to cure prior to enforcing lease was unavailing. Court interpreted lease according to its plain language.
- Seville Associates, LLC v. Hasan Arcasoy., (October 17, 2018) Landlord granted summary judgment against guarantor of commercial lease, based on commercial tenant's breach of lease and guarantor's failure to rebut entitlement to judgment. The owner was granted a money judgement of $1,382.107.99, plus 9% interest, and a hearing on legal fees.
- Empire LLC v. O&D Studio Inc., (February 15, 2018) Landlord granted summary judgment in commercial non-payment proceeding. Tenant's defense that lease required service of a preliminary notice to cure was stricken as the lease specifically excluded monetary default and default provision.
- 82nd Jackson Heights LLC, v. Pretty Girl of 82 nd Jackson Heights Corp. d/b/a/ Young Girl, (February 13, 2018) In this commercial non-payment wherein this firm represented the property owner, the court granted summary judgment in favor of the property owner. The owner was granted a money judgement of over $55,000 plus legal fees. The Court ruled that the tenant's defense lacked merit, particularly the defense that the court could not proceed against the corporation where the corporate president had died.
- New Whitehall Apts. LLC v S.A.V. Assoc. Inc., (July 5, 2017) Mr. Rosenbaum won this case after trial in which the tenant obtained a stay pending appeal. This was a holdover case where the tenant alleged that the lease was still in effect and we claimed the date in the modification agreement was a typo. The court took parole evidence to determine what was the intent of the parties in drafting the modification of lthe ease agreement.
- 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 a 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. The court accepted parole evidence as to the parties' intentions in negotiating the lease upheld on appeal.
- 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.
- TAP TAP, LLC v. 558 7TH AVENUE CORP., (August 24. 2015) - The court denied a tenant's application for a Yellowstone Injunction, ruling that the landlord's letter to the tenant giving them permission to pay fines to remove violations at ECB did not invalidate the notice to terminate the tenancy. The notice to terminate was based upon the tenant's failure to operate the premises in violation of the lease and the certificate of occupancy, and the Yellowstone was denied because the tenant was unable to demonstrate the ability to cure the default.
- 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.
- Touro College Jacob D. Fuchsberg Law Center, Central Islip, New York
- J.D. - 1984
- Queens College and CUNY Graduate Center
- M.A./B.A. - 1981
- New York, 1985
- U.S. District Court Eastern District of New York, 1989
- U.S. District Court Southern District of New York, 1989
- Israel, 1994
- December 6, 2016 – “ Commercial Lease Pitfalls and How to Avoid them“, was written by Senior Partner David Rosenbaum and distributed when he presented at the NYARM Expo
- October 10, 2014 – “Panic over ‘Branic’? Shelter Occupant Entitled to Rent-Stabilized Lease, written by Senior Partner David Rosenbaum and Counsel Brian Graifman, was featured in The New York Law Journal on October 10, 2014
- New York County Lawyers’ Association
- New York State Bar Association
Current Employment Position
- Senior Partner
- Lawyers of Distinction
Classes & Seminars
- Senior Partner David B. Rosenbaum provides a video lecture, “The Housing and Tenant Protection Act & Statewide Housing Security and Tenant Protection Act of 2019” at the National Academy of Continuing Legal Education. Click here to see his lecture.
- 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 December 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 slides
- Jewish Lawyer’s Guild, Member and Trustee
- Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., 1986 to 1997
- Gross, Hodak and Co.
- Kramer, Roth & Rosenbaum L.P., 2000 to 2003