In this episode of Inside R&E, Alex M. Estis, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion about landlord-tenant leases. Alex shares insights from his recently published article, co-authored with R&E Founding Member Gary M. Rosenberg, titled “Why Should I Call My Litigator To Draft a Lease?”, which appeared in The New York Law Journal's Landlord-Tenant Column on April 2, 2025.

During the conversation, Alex and Dave talk about how it is increasingly beneficial for landlords and tenants to involve the advice and counsel of litigators as well as transactional attorneys when drafting lease agreements. Transactional attorneys handle the lease’s creation, while litigators help ensure the lease is enforceable in court by identifying potential issues and assessing how clauses might be interpreted and can help negotiate the lease by giving practical examples from experiences in Court and real time updates in court rulings which may affect how leases should be drafted.

Alex M. Estis handles all matters of general commercial litigation, including landlord-tenant disputes, breach of contract, transactional disputes, real estate partnership disputes, brokerage commission actions, holdover proceedings, ejectment proceedings, owner occupancy actions, co-op/condo disputes, matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board and Department of Health as well as the New York City Criminal Court. Alex also handles commercial leasing negotiations and preparation for landlords, commercial tenants and net lessors.

For any questions related to this episode, contact Alex M. Estis at [email protected] or (212) 551-1204.

Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Devin P. Kosar, a Member in the firm's Litigation Department, invites Alexander Zafran, the Director of Business Development of Logical Buildings, to share his insights on Local Law 97, which was enacted in 2019 as part of New York City’s Climate Mobilization Act.

During their discussion, Alex talks to Devin about his journey through the world of energy efficiency, how he was introduced to the world of energy for real estate, and why laws like LL97 are important. They dive into what Local Law 97 is, what the requirements are and the wide ranging effects of this new law. Alex and Devin discuss how building owners can navigate through the compliance requirements and avoid potentially large financial penalties for noncompliance, its overlap with other concurrent laws, and how to stay ahead of the curve with the increasingly stringent future carbon emission caps over the next several years required under Local Law 97.

Devin Kosar is the head of the Firm’s Violation Department and has extensive experience in all regulatory and administrative law matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board, Department of Consumer Affairs and Department of Health as well as the New York City Criminal Court. Kosar’s practice also involves all areas of real estate litigation including complex commercial litigation, landlord/tenant law and construction law. Additionally, Kosar also counsels and represents condominium boards in connection with condominium governance and operational matters.

Alexander Zafran is the Director of business development of Logical Buildings , where he partners with real estate owners and managers nationwide to cut energy costs, enhance efficiency, and lower their carbon footprint. Alex’s expertise spans across various sectors, including energy commodities and financial markets, energy procurement, solar generation, and smart buildings technology. His insights on New York City’s energy landscape for coops and condos have been featured in Habitat, Brick Underground, The Cooperator, and other industry publications. For buildings subject to Local Law 97, Alex’s primary goal is to eliminate the fear, uncertainty, and doubt that many are feeling right now, and replace it with a clear plan of action.

For any questions related to this episode, contact Devin P. Kosar at [email protected] or (212) 551-1208. Alexander Zafran can be reached at [email protected].

Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Christopher A. Gorman, a Member in the firm's Litigation Department, invites Dr. Rebel A. Cole, Lynn Eminent Scholar Professor of Finance in the College of Business at Florida Atlantic University, to discuss the Distressed Commercial Real Estate market. They explore key trends from recent years and offer insights into what lies ahead for the industry.

During their discussion, Dr. Cole explains the "Maturity Wall of Worry" facing regional banks, which has led to the widespread adoption of the "Extend and Pretend" strategy. He explores the impact of rising inflation and the significant exposure of regional banks to uninsured deposits, shedding light on the factors that drive banks to employ these approaches. Dr. Cole and Chris compare default rates between regional and national banks, noting that national banks rarely rely on such strategies. They also examine banks' substantial exposure to Commercial Real Estate Mortgages, the decline in property values, rising interest rates, and the shift from physical spaces to digital in the office and retail sectors. Looking ahead, they discuss what these factors could mean for Commercial Real Estate over the next 12 months and explore potential alternatives to the "Extend and Pretend" strategy for regional banks. Additionally, they touch on emerging opportunities within the Distressed Real Estate Market.

Christopher Gorman concentrates his practice in all phases of complex commercial litigation in State and Federal Courts. He has litigated cases on behalf of corporations and individuals involving a variety of substantive areas of the law, including breach of contract, commercial and residential mortgage foreclosure actions, construction litigation, landlord-tenant litigation, partnership and shareholder disputes, bankruptcy litigation, estate litigation, employment and restrictive covenant disputes, RICO, trademark litigation, and a wide array of real estate-related litigation. Gorman also serves as outside general counsel to several start-up entities and other corporations providing advice to clients on all general corporate, mergers and acquisitions, contract and employment-related matters.

Dr. Rebel Cole has published peer-reviewed articles in top academic journals that include the Journal of Finance, the Journal of Financial Economics, the Journal of Financial & Quantitative Analysis, the Journal of Financial Intermediation, the Journal of Corporate Finance, the Journal of Banking & Finance, the Journal of Real Estate Finance and Economics and Real Estate Economics. His primary areas of research are commercial real estate, entrepreneurial finance, and financial institutions. Most of his manuscripts are available for free download from the Social Science Research Network (SSRN), where he is ranked in the top 0.1% of more than 1,600,000 researchers worldwide. According to Google Scholar, Dr. Cole's research has been cited almost 14,000 times. According to Scopus and Web of Science, Dr. Cole's research has been cited more than 3,000 times. Dr. Cole is also an active commentator in the media. During his career, he has been cited in the Wall Street Journal, the New York Times, the American Banker, Bloomberg BusinessWeek, the Chicago Tribune, CNN Money, Forbes, the Huffington Post, NPR's All Things Considered, Voice of America News, the Washington Post, the Washington Times, and Yahoo Finance. He has appeared in television interviews on CNN, First Business News, Fox Business News, the PBS Nightly Business Report and The Today Show, as well as several local Chicago and south Florida news shows.

For any questions related to this episode, contact Christopher A. Gorman at [email protected] or (212) 551-1253. Dr. Rebel A. Cole can be reached at [email protected] or (561) 297-4969.

Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Justin S. Weitzman, a Counsel in the firm's Litigation Department, invites Christopher M. Seleski, Senior Associate at Tolmage, Peskin, Harris, & Falick, to share his perspectives and insights as a Plaintiff Personal Injury Attorney on claims and lawsuits that affect property owners and developers.

During the conversation, Chris talks to Justin about the Premises Liability Law and how it affects landlords and property managers, and also provides useful tips on what they can do to minimize their liability for personal injury claims. They discuss various laws in effect, for instance, the Sidewalk Law, New York Labor Laws, Local Law 11 and Local Law 152, that should be kept in mind, and how insurance coverage can be useful for owners and developers to protect against personal injury claims. They talk about their experiences dealing with some interesting cases of injury claims, and discuss trends as well as the future of policies and lawsuits, especially as technology evolves.

Justin Weitzman's litigation practice is diverse, representing entities and individuals (investors, partners, managers, and officers) in complex real estate ranging from commercial litigation matters involving partnership, joint venture, limited liability company and shareholder disputes, including direct and derivative claims. Weitzman also has significant experience in handling employment-related disputes and various complicated tort cases.

Christopher Seleski’s experiences help him look at all sides of a case and stay a step ahead of defendants. He believes strongly in an individual’s right to the civic justice system and has been described as “bleeding heart plaintiff’s lawyer.” For years, Chris successfully fought for his clients, most significantly children’s rights for nearly 20 years volunteering at a domestic abuse shelter and teaching courses about the Constitution at a teen homeless shelter. Now, he successfully fights for his injured clients as their attorney. He is a proud member of the American Association for Justice and The New York State Trial Lawyers Association. He is licensed to practice in New Jersey and New York.

For any questions related to this episode, contact Justin S. Weitzman at [email protected] or (212) 551-1261. Christopher M. Seleski can be reached at [email protected] or (212) 964-1390.

Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Zachary J. Rothken, Member and Head of the firm's Administrative Law department, invites Greg Corbin, President and Founder of Northgate Real Estate Group, to discuss their experiences of navigating various aspects of the Distressed asset space.

During the conversation, Zach and Greg discuss the various aspects that contribute to distressed assets, how they track them, the challenges they come across in performing due diligence, and the future of the market. They also address various misconceptions pertaining to distressed deals, bankruptcy and foreclosure, and how the Housing Stability & Tenant Protection Act of 2019 affected their work.

Zach's practice focuses on complex rent regulatory issues concerning rent stabilization and rent control. He counsels prospective purchasers, sellers and lenders in performing due diligence on properties subject to rent regulation. He also represents property owners in administrative proceedings before DHCR and other administrative agencies, including matters involving substantial rehabilitation, rent overcharge and regulatory coverage. Zach handles matters at all administrative stages, including petitions for administrative review, Attorney General investigations and TPU audits. His practice also includes representing property owners in a wide variety of litigation matters, including Article 78 proceedings, Supreme Court plenary and class actions and landlord-tenant summary proceedings.

Greg specializes in judicial and UCC foreclosures, loan and REO sales, restructuring, and the disposition of stalled construction sites, in addition to his focus on the sale and workout of properties in Chapter 11 and Chapter 7 bankruptcy. He has extensive expertise in these arenas and is widely recognized as one of the most active and sought-after industry leaders. Greg and his team have been involved in the sale of over $3.3 Billion of investment properties spanning all major asset classes, including multi-family apartment buildings, development sites, factory/warehouses, transitional housing facilities, bulk condominium packages, industrial, retail, hotel, office, mixed-use, and commercial buildings. Some of Northgate Real Estate Group's recent accolades include 2024 BankruptcyData #1 Brokerage Firm, 2024 NYREJ Industry Leader, 2024 RED Bankruptcy Broker of the Year, 2024 Crain's Most Influential in Real Estate, 2024 Industry Era Admired Leaders and 2024 NYREJ Innovators in CRE Spotlight.

For any questions related to this episode, contact Zachary J. Rothken at [email protected] or (212) 551-8453. Greg Corbin can be reached at [email protected] or (212) 419-8101.

Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Alex M. Estis, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion about landlord-tenant law. Alex shares insights from his recently published article, co-authored with R&E Founding Member Gary M. Rosenberg, titled “Do Tenants Have to Pay if They Want to Stay?”, which appeared in The New York Law Journal's Landlord-Tenant Column on February 5, 2025.

During the conversation, Alex and Dave talk about what landlords can do in situations where a tenant, either residential or commercial, is unwilling or unable to pay rent. They discuss the process of obtaining a court order asking tenant to pay Use and Occupancy, and also scenarios in which the tenant fails to abide by the court order. They stress the importance of getting legal counsel in such matters as well.

Alex M. Estis handles all matters of general commercial litigation, including landlord-tenant disputes, breach of contract, transactional disputes, real estate partnership disputes, brokerage commission actions, holdover proceedings, ejectment proceedings, owner occupancy actions, co-op/condo disputes, matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board and Department of Health as well as the New York City Criminal Court.

For any questions related to this episode, contact Alex M. Estis at [email protected] or (212) 551-1204.

Click here to stream this episode, or view it here on YouTube.

This episode of Inside R&E, moderated by Dave Lorenzo, Founder of Exit Success Lab, features Richard Y. Im, a Member in R&E’s Litigation Department, and Jason C. Bergman, Vice President & Senior Underwriting Counsel at Benchmark Title Agency LLC. The attorneys share valuable insights on Deed-in-Lieu and its pros and cons for borrowers as well as lenders. They also discuss the various risks and considerations associated with Deeds-in-Lieu.

During the conversation, Richard and Jason talk to Dave about what a Deed in Lieu of Foreclosure is, how the process is initiated and elaborate on its benefits as well as drawbacks to both borrowers and lenders. Additionally, Richard and Jason also provide useful pointers on transfer taxes associated with a Deed in Lieu transaction, the risks associated with it for the title industry, and the resulting title requirements to guard against such risks. They also share their perspectives on why it is important to consult with an attorney when considering proceeding with a Deed in Lieu.

Richard Y. Im concentrates his practice on complex commercial litigation, with a particular focus on creditors' rights and real estate disputes. He has extensive experience in all aspects of real estate litigation including commercial foreclosures, lender liability claims, title issues, priority disputes, mechanic's liens, contract and joint venture disputes, construction claims, access agreements, brokerage matters and other issues. He also represents lenders, borrowers and investors in loan workouts, restructurings and modifications and the purchase and sale of distressed debt.

Jason C. Bergman has nearly two decades of experience in the real estate/title insurance industry. He has extensive experience in assessing and mitigating risk in complex transactions and ambiguous situations, and is recognized as an industry leader in insuring foreclosures and distressed assets. He is a A fellow of the American College of Mortgage Attorneys (ACMA) and was also awarded the CRE® credential by the Counselors of Real Estate.

For any questions related to this episode, contact Richard Y. Im at [email protected] or (212) 551-8435. Jason C. Bergman can be reached at [email protected] or (516) 426-5670.

Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Justin S. Weitzman, a Counsel in the firm's Litigation Department, invites Bill Weidner, Managing Member at KeepMyGas, to share valuable insights, statistics and more regarding the 1st 4-year cycle of LL152 and what law firms, building owners and property managers can expect in cycle 2 from 2024 to 2027. 

During the conversation, Bill and Justin discuss the basics of Local Law 152, preparing for the cycle year, the process of getting inspected, deadlines, tenant access, documents and breaches, to get property and business owners to the finishing line with this compliance. Bill also provides various resources to educate and understand LL152 and keep up to date with it.

Justin Weitzman's litigation practice is diverse, representing entities and individuals (investors, partners, managers, and officers) in complex real estate ranging from commercial litigation matters involving partnership, joint venture, limited liability company and shareholder disputes, including direct and derivative claims. Weitzman also has significant experience in handling employment-related disputes and various complicated tort cases. 

As the co-founder of KeepMyGas, LLC, Bill leads a top-tier consultancy specializing in compliance with NYC's Local Law 152 for Gas Piping Inspections. Bill is also the creator and host of the Realty Speak® Podcast, where since 2018, he has been sharing invaluable real estate insights with a vast network across the real estate, construction, and technology sectors.

For any questions related to this episode, contact Justin S. Weitzman at [email protected] or (212) 551-1261. Bill Weidner can be reached at [email protected] or (917) 232-8529.

Click here to stream this episode, or view it here on YouTube.

Real estate development, particularly in booming areas of New York and Florida, is directly impacted by federal immigration policies.

In this episode of Inside R&E, Michael A. Pensabene, R&E Litigation Member, invites a seasoned immigration attorney, Alexis S. Axelrad, Partner with Barst & Mukamal LLP, for a dynamic discussion revealing the many ways in which immigration laws change the scope of real estate development in major cities across the U.S.

Together they discuss recent legislation related to foreign national property ownership, along with investment programs like EB-5, which was responsible for the development of Hudson Yards, among other projects. While lawmakers prioritize national security with thorough vetting, these tightening immigration laws could slow down or halt much-needed development in key U.S. cities facing housing shortages.

Michael A. Pensabene’s practice spans all areas of commercial litigation, with a focus on joint venture and partnership disputes, contract and lease disputes, landlord/tenant litigation, construction issues and condo/coop disputes, as well as board representation of co-ops and condos. His experience affords him the judgment to evaluate the interests of the parties, and to know how and when to assert clients’ rights to achieve their objectives.

Alexis S. Axelrad maintains a dynamic corporate and family-based US immigration practice based out of New York City. She has been active in the American Immigration Lawyers Association (AILA) for over 25 years and currently serves as First Vice-President of AILA’s Executive Committee responsible for advancing the goals and mission of the organization.

For any questions related to this episode, contact Michael A. Pensabene at [email protected] or (212) 551-8406. Alexis S. Axelrad can be reached at [email protected].

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In this episode of Inside R&E, Michael A. Pensabene, R&E Litigation Member, invites for the second time Tina Larsson, Co-Founder & CEO of The Folson Group, for a high-level discussion of some of New York City’s most substantial Local Laws introduced this year, detailing the ways in which these changes impact coop / condo owners from both a financial and legal perspective. Together Michael and Tina delve into new laws such as Local Law 126 (parking facilities), Local Law 88 (electric) and Local Law 111 (lead paint), among others.

Michael A. Pensabene’s practice spans all areas of commercial litigation, with a focus on joint venture and partnership disputes, contract and lease disputes, landlord/tenant litigation, construction issues and condo/coop disputes, as well as board representation of co-ops and condos. His experience affords him the judgment to evaluate the interests of the parties, and to know how and when to assert clients’ rights to achieve their objectives.

Tina Larsson is the powerhouse behind The Folson Group, New York City’s leading coop and condo consultant. Tina leveraged her analytical skills in the financial industry and helped her coop save $340,000, leading to the creation of The Folson Group. Tina holds a LEED Green Associate designation, is the author of Living the High Life, and is passionate about supporting boards to make their buildings safer, more sustainable, and more affordable.

For any questions related to this episode, contact Michael A. Pensabene at [email protected] or (212) 551-8406. Tina Larsson can be reached by email at [email protected], or on LinkedIn, Instagram (@folsongrp) and YouTube (@folsongrp).

Click here to stream this episode, or view it at the following YouTube link:  https://youtu.be/cveBcvtupeE

Michael and Tina’s previous podcast episode is available here: Aging Condo and Coop Buildings Struggling to Meet Tightening NYC Climate Regulations.

For any questions related to this episode, contact Michael A. Pensabene at [email protected] or (212) 551-8406. Tina Larsson can be reached by email at [email protected], or on LinkedIn, Instagram (@folsongrp) and YouTube (@folsongrp).

 Click here to stream this episode, or view it at the YouTube link:  ttps://youtu.be/cveBcvtupeE