David B. Rosenbaum

David B. Rosenbaum has been in private practice in the area of real estate litigation since 1986. Prior thereto, he served as a principal court attorney in the Civil Court. Prior to joining Borah, Goldstein, in 1997, he was an equity partner in a different real estate litigation firm based in Westchester County.

In 1993, he 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 and junior partners 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 the more than 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 has also volunteered as a Small Claims arbitrator, has lectured to the bar as a CLE instructor, and to real estate forums on real estate related topics.

Notable Decisions:

• 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 judgement 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. HARFORD CP MANAGEMENT, LLC, and Irene Shapiro, (October 30, 2018) Landlord granted summary judgement 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 judgement 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 judgement in commercial non-payment proceeding. Tenant's defense that lease required service of a preliminary notice to cure was stricken as the lease specifically included monetary default from notice of default requirement.
• 82nd Jackson Heights LLC, v. Pretty Girl of 82nd 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 judgement 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’re the corporate president had died.
• New Whitehall Apts. LLC v S.A.V. Assoc. Inc. , (July 5, 2017) The Appellate Term upheld the granting of possession to the property owner finding that the lower court’s determination that the lease was not extended comported with the trial evidence. The court took parole evidence to determine the intent of the parties in drafting the modification of the lease 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.
• 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 a 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. The court reversed a lower court holding tenant’s stipulation rent default not curable. The case was upheld by the Appellate Division.
• 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) Action on breach of lease and a guaranty resulted in grant to the property owner of summary judgment against both the tenant of record and its guarantors.
• Empire LLC - v. - Luis D. Montes - (October 28, 2014) Action against former commercial tenant arising out of breach of lease resulted in a grant of summary judgment to the property owner against the 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 in action for breach of lease/guaranty.
• 2794 Broadway Acquisitions LLC v. AJS Public House Corp- (January 28, 2013) The 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.

Practice Areas:

Commercial Non-Payment & Holdover Proceedings Supreme Court Litigation Residential Holdover Proceedings Residential Non-Payment Proceedings Administrative Law Appellate Practice Commercial Leasing

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

Honorarium:

Lawyers of Distinction

Presentations/Publications:

"Commercial Lease Pitfalls and How to Avoid them”, December 2016, NYARM Expo "Panic over ‘Branic’? Shelter Occupant Entitled to Rent-Stabilized Lease”, October 2014, New York Law Journal Presented on “Residential & Commercial Collections/Judgement Enforcement and Holdover/Non Payment Proceedings”, February 2017, New York Association of Realty Management(NYARM) Presented on “Commercial Lease Pitfalls and How to Avoid Them”, December 2016, New York Association of Realty Management(NYARM) Presented CLE on “Practical Advice on Litigating a Yellowstone Injection Action Once Issued”, May 2015, New York State Bar Association’s Real Property Landlord and Tenant Committee