Brett B. Theis

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Brett B. Theis: Attorney with Rosenberg & Estis, P.C.

Biography

Brett Theis joined the firm's litigation group in 2008 and immediately contributed to its success. Mr. Theis has represented large real estate developers, commercial landlords and tenants, sponsors, hospitals and other institutions in a diverse range of issues in all City, State and Federal Courts. His practice areas include construction delay and defective design claims, commercial landlord/tenant disputes, appeals and defending claims under the Americans with Disabilities Act to name a few. He is particularly adept at evaluating the strengths and weaknesses of complex cases and choosing a successful strategy to obtain a favorable result for the firm's clients.

Mr. Theis has successfully tried jury and non-jury cases. Although he is a trial lawyer at heart, Mr. Theis has been equally successful winning cases on motions and obtaining varying types of extraordinary injunctive relief. In one such case, Mr. Theis obtained a mandatory preliminary injunction from Supreme Court compelling the owner of an occupied commercial condominium unit to grant owner of the building access to install cables for a cellular communication system on the roof of the building. After a lengthy oral argument, Mr. Theis also successfully obtained summary judgment dismissing multiple counterclaims and an award of attorneys' fees in an action commenced by a sponsor to permanently enjoin a long-term occupant of the building from continuing to operate a wood cabinetry shop after a change in the Zoning Resolution. Beyond the courtroom, Mr. Theis has also had successful results in administrative proceedings. While representing Beekman Hospital, he convinced the United States Department of Housing and Urban Development to grant the hospital an "across the board" 42 percent rent increase for its rent regulated staff residences.

Mr. Theis' legal career started in the New York City Law Department, where he was awarded for his outstanding achievement in commercial and real estate litigation as a first year attorney by the Corporation Counsel.

Year Joined Firm

- 2008

Honors and Awards

- Outstanding Achievement in Commercial and Real Estate Litigation as a First Year Attorney, City of New York, Office of the Corporation Counsel, 2004

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Areas of Practice (7)

  • Litigation - Commercial
  • Litigation - Real Estate
  • Appellate Law
  • Condominium/Cooperative Law
  • Americans with Disabilities Act ("ADA") Litigation
  • Landlord/Tenant Law
  • Construction Law

Education & Credentials

University Attended:
West Chester University, B.A., 2000
Law School Attended:
Villanova University School of Law, J.D., 2003
Year of First Admission:
2004
Admission:
2004, New York; 2004, U.S. District Court, Southern District of New York; 2004, U.S. District Court, Eastern District of New York
Memberships:
New York City Bar Association; New York State Bar Association.
Reported Cases:
Citations:

184 Joralemon LLC v. Brooklyn Law School, 31 Misc.3d 1201(A) (Sup. Ct. Kings Co. 2011); Salnikova v. Cuomo and S&P Associates of New York, 2010 WL 4053102, 2010 N.Y. Slip op. 32791(U) (Sup. Ct. N.Y. Co. 2010); Ladies Mile v. Diamond, Sup. Ct. N.Y. Co. Index No. 111368/04; Dolp 675 Properties II, LLC v. Barai Capital LLC, Sup. Ct. N.Y. Co. Index No. 600953/09; Manhattan Properties I, LLC v. Park B. Smith, Inc., Sup. Ct. N.Y. Co. Index No. 600924/09; VNO 100 West 33rd Street LLC v. Square One of Manhattan, Inc., 22 Misc.3d 560 (Civ. Ct. N.Y. Co. 2008); 184 Joralemon LLC v. Brklyn Hts Condos, LLC, Sup. Ct., Kings Co., Index No. 21081/11; Flushing Expo, Inc. v. New World Mall, LLC, Sup. Ct., Queens Co., Index No. 28443/11.

Recent Cases:

• 184 Joralemon LLC v. Brklyn Hts Condos, LLC, et al.: In this action, R&E successfully enforced a liquidated damages provision of a contract of sale which permitted Brooklyn Law School's contract assignee to retain a $1,262,000.00 contract deposit due to a purchaser's failure to close. R&E also successfully moved for the dismissal of nine third-party claims asserted by the defendant against Brooklyn Law School and four other individual third-party defendants, including claims for breach of contract, breach of the covenant of good faith and fair dealing, tortious interference with contract and prospective business opportunity, prima facie tort, misrepresentation and conversion.

• S&P Associates of New York LLC v. Vera Salnikova and Ronald Stone: R&E successfully obtained a judgment of possession for a 2,777 square foot, five bedroom, four bathroom apartment with panoramic views of Central Park and the Time Warner Center. The building in which the apartment was located was converted to condominium ownership pursuant to a "non-eviction" offering plan. The tenant chose not to purchase her apartment at the "insider price" during the exclusive purchase period and was therefore offered a lease containing a market rent, pursuant to General Business Law 352-eeee(2)(c)(iv) (the "Martin Act"). The rental rate in the lease offered by the Sponsor increased from $8,050 to $15,500 per month. When the tenant refused to execute the lease, the Sponsor commenced eviction proceedings. The central issue in the proceeding was whether the monthly rent set by the Sponsor constituted an unconscionable rent under the Martin Act. The Court concluded that the Sponsor properly established the rent based upon the rents of comparable apartments in the building and that the tenant had not been subjected to an "unconscionable increase beyond ordinary rentals" in violation of the Martin Act. The Court also awarded the Sponsor a money judgment for use and occupancy in the amount of $139,840 and attorneys' fees.
(Civil Court, New York - Decided: 10/17/2011)

ISLN:
918782913

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Contact Brett B. Theis

Contact Information:

332-209-2478  Phone

212-551-8484  Fax

www.rosenbergestis.com/Attorney-Profiles/Brett-B-Theis.shtml

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