Michael A. Pensabene

Michael A. Pensabene joined Rosenberg & Estis, P.C. in 2000 and is a Member with the firm’s Litigation Department. Prior to joining the firm, Pensabene spent seven years working for one of the largest real estate companies in New York City, while attending law school at night. That background has allowed Pensabene to be active in all aspects of the firm’s practice, including commercial litigation, landlord and tenant litigation, rent regulation, real estate development and construction, assemblages, co-op/condo law, partnership disputes, title issues, foreclosures, workouts, and bankruptcy. Pensabene is qualified, pursuant to Part 36 of the Rules of the Chief Judge, to act as Counsel to Receiver and Counsel to Guardian.

Pensabene’s experience affords him the judgment to evaluate competing property interests and the business relationship between the parties, to know how and when to assert clients’ rights to achieve their objectives. Pensabene’s achievements representing clients such as the Hyatt Corporation, Trinity Real Estate, Forest City Ratner Companies and the Durst Organization are founded on these principles and were honed in a wide variety of forums, including City, State and Federal courts. Pensabene successfully tried one of the first cases concerning novel landlord and tenant issues resulting from the September 11, 2001 terrorist attack and set precedent concerning service of process. Pensabene’s expertise in connection with construction activities has ensured the timely completion of developments and the protection of neighboring property rights, including negotiating easements, work agreements, clearing development sites, and obtaining injunctive relief from the Supreme Court. He has also represented boards, shareholders, unit owners, sponsors and managing agents in a wide variety of disputes concerning complexo-op/condo issues.

Classes / Seminars

Airbnb CLE: Mock Seinfeld Trial, Speaker, October 2019

In June 2016, Warren A. Estis and Michael A. Pensabene presented seminars for the continuing legal education program at the New York State Judicial Institute, which provides statewide education and training for the judges and justices of the New York State Unified Court System.

CLE: AirBnb Under Siege- The Evolving Legal Landscape For Short-Term Rentals in New York City, City Bar Center for Continuing Legal Education, April 20, 2017

CLE: Self-Help and Relocation Agreements, New York State Bar Association Real Property Law Section, Landlord and Tenant Proceedings Committee, November 2, 2016

Honors & Awards

Moot Court Honor Society

Published Works

Defending a Co-op Against Derivative Claims: A Look Back to ‘Auerbach’

Published on August 12, 2024 in: New York Law Journal Co-op / Condo Column

Are Inclusionary Air Rights Unique? Specific Performance Revisited

Published on October 3, 2023 in: New York Law Journal Landlord Tenant Column

‘Best Efforts’ Clauses in Commercial Leases

Published on February 1, 2023 in: New York Law Journal Landlord Tenant Column