Brett Boydell Theis

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

Biography

Brett B. Theis joined Rosenberg & Estis, P.C. in 2008 and is a Member with the firm’s Litigation Department. Theis is a seasoned commercial litigator and advisor, focusing his practice on the representation of New York property owners and developers in all facets of their real estate matters. Theis leads a specialized group of attorneys in R&E’s award-winning Litigation Department, where he brings a “value-add” mindset to his clients’ often unique and complex disputes involving real property.

Theis’ clients include some of New York’s largest investment and advisory firms, publicly traded REITs, commercial landlords and management companies, shopping center owners, international pension funds, not-for-profit corporations, and families with large real estate holdings. Theis uses his vast knowledge of New York law and nearly 20 years of litigation experience to evaluate complicated matters and develop intelligent, cost-effective strategies to achieve his clients’ goals.

One of Theis’ proudest recent achievements and an example of his “value-add” mindset came during the COVID-19 pandemic. He successfully cleared a lower Manhattan development site occupied by over a dozen commercial tenants at a time when the courts were effectively shut down, doing so without any tenant “buyouts.” As a result, Theis’ developer client was able to timely commence demolition and construction of new building to secure one of the last 421a development sites in New York, which his client ultimately sold at a substantial profit.

Theis regularly represents his clients in high-stakes matters in all New York state and federal courts, including appellate courts, and maintains an active arbitration practice. He has first-chaired numerous jury and non-jury cases to verdict and has been equally successful winning cases on motions for summary judgment and obtaining extraordinary injunctive relief for his clients when necessary.

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 Corporation Counsel Michael Cardozo.

Honors & Awards

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

Notable Work

184 Joralemon LLC v. Brooklyn Hts Candos, LLC, 117 A.D. 3d 699 (1st Dep’t 2014)

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)

Flushing Expo, Inc. v. New World Mall, LLC, Sup. Ct., Queens Co., Index No. 28443/11

See more ›

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 Information:

332-209-2478  Phone

212-551-8484  Fax

www.rosenbergestis.com/attorney/brett-b-theis

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