Pensabene, Michael A.

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Address: 733 Third Avenue, New York, NY 10017
Lawyer Firm: Rosenberg & Estis, P.C.
Phone: 212-867-6000
Fax: 212-551-8484

Areas of PracticeCommercial Litigation, Landlord Tenant Law, Real Estate Litigation, Real Estate Development, Rent Regulation and Administrative Law, Condominium/Cooperative Litigation, Construction Law and Litigation, Leasing, Arbitration, Federal Practice

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, Mr. 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 Mr. 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. Mr. Pensabene is qualified, pursuant to Part 36 of the Rules of the Chief Judge, to act as Counsel to Receiver and Counsel to Guardian. Mr. 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. Mr. 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. Mr. 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. Mr. 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 complex co-op/condo issues.

Notable Work

Brookford, LLC v. Penraat, 47 Misc.3d 723 (Sup. Ct. New York County 2014)Arthur Management v. Zuck, NYLJ 2/25/08, p.21, col. 3 (Civ. Ct., Kings Co.)E-Z Eating 41 Corp. v. H.E. Newport, LLC, 23 Misc.3d 1125(A) (Sup Ct NY Co. 2009)KSLM Columbus Apartments, Inc. v. Bonnemere, N.Y.L.J., 1/5/05, 19:1 (Civ. Ct., N.Y. Co.)The Rector, Church-Wardens and Vestrymen of Trinity Church in the City of New York v. Chung King House of Metal, NYLJ, July 7, 2009, at 27, col. 3 (Civ. Ct., N.Y. Co.)

Mr. Pensabene received his bachelor’s degree from State University of New York at Stony Brook and his J.D. from Brooklyn Law School.

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