Devin P. Kosar

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Devin P. Kosar: Attorney with Rosenberg & Estis, P.C.

Biography


Devin Kosar joined Rosenberg & Estis, P.C. in 2008. As an associate in the Firm's litigation practice group, Mr. Kosar represents commercial and residential landlords, owners, managing agents, developers, condo/co-op boards and tenants in various aspects of real estate litigation, complex commercial litigation, landlord/tenant law, and construction law as well as matters before the New York City Office of Administrative Trials and Hearings, such as the New York City Loft Board, Environmental Control Board, Department of Consumer Affairs and Department of Health.

In 2005, Mr. Kosar received his bachelor's degree from Boston University and his juris doctorate from St. John's University School of Law. While at St. John's, he was the External Competition Director for the Moot Court Honor Society and a Senior Staff Member of the St. John's Journal of Legal Commentary. Mr. Kosar's note "Payola — Can Pay-For-Play Be Practically Enforced?" was published in the Spring, 2008 Edition of the St. John's Journal of Legal Commentary.

Mr. Kosar is licensed to practice in the state of New York.

Year Joined Firm

- 2008

Published Works

- "Payola -- Can Pay-For-Play Be Practically Enforced?," St. John's Journal of Legal Commentary, Volume 23, Summer 2008

Areas of Practice (6)

  • Litigation - Commercial
  • Litigation - Real Estate
  • Landlord Tenant Law
  • Loft Law
  • Construction Law
  • Condominium/Cooperative Law

Education & Credentials

University Attended:
Boston University, B.A., 2005
Law School Attended:
St. John's University School of Law, J.D., Honors: External Competition Director, 2008; St. John's University School of Law, J.D., Moot Court Honor Society, 2008; St. John's University School of Law, J.D., Senior Staff Member, 2008; St. John's University School of Law, J.D., St. John's Journal of Legal Commentary, 2008
Year of First Admission:
2009
Admission:
2009, New York
Memberships:
American Bar Association; New York State Bar Association.
Reported Cases:
• A.E.C. Consulting & Expediting, INC v. 949 Park Development LLC: Plaintiff A.E.C. Consulting & Expediting Inc. ("Expediting") sued our client, 949 Park Development LLC ("949"), a real estate developer, for breach of contract and to obtain a court-ordered accounting to aid it in recovering certain consulting and expediting fees it claims were owed by 949. Plaintiff's claims were based on a written agreement made between 949 and non-party A.E.C. Consulting & Equity Inc. ("Equity").

We moved to dismiss the complaint, arguing that Plaintiff Expediting could not recover under an agreement to which it was not a party, that Plaintiff had no standing since it had suffered no injury in fact, and that Plaintiff failed to plead, and could not plead, a valid cause of action for an accounting. Plaintiff opposed and even cross moved for sanctions against us.

The Court agreed with our arguments and granted our motion to dismiss from the bench, explaining that the name discrepancy was not a mere misspelling, and that since Plaintiff did not, and could not, establish that it was a party to the agreement being sued on, Plaintiff could not state a viable claim against 949.

ISLN:
920484171

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Contact Devin P. Kosar

Contact Information:

332-238-3922  Phone

212-551-8484  Fax

www.rosenbergestis.com

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