Devin P. Kosar

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

Biography

Devin P. Kosar joined Rosenberg & Estis in 2008 and is a Member with the firm’s Litigation Department. Kosar’s practice 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.

Kosar 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 received his bachelor’s degree from Boston University and his J.D. from St. John’s University School of Law. While at St. John’s, Kosar 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. 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.

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Areas of Practice (13)

  • Commercial Lease Disputes
  • Administrative proceedings
  • Office of Administrative Trial and Hearings
  • Environmental Control Board
  • Board of Standards and Appeals
  • Co-op/ Condo Disputes
  • Class Action Defense
  • Construction Disputes and Adjoining Access Issues
  • Landlord / Tenant Disputes, including Yellowstone Injunctions
  • Contract Disputes
  • Building Violation Resolution
  • Construction Agreements
  • Certificates of No Harassment

Education & Credentials

University Attended:
Boston University, B.A., 2005
Law School Attended:
St. John's University School of Law, J.D., External Competition Director, Moot Court Honor Society; Senior Staff Member, 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 Information:

332-238-3922  Phone

212-551-8484  Fax

www.rosenbergestis.com/attorney/devin-p-kosar

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