R
osenberg & Estis, P.C. Secures Major Victory for Manhattan Building Owner

    A New York State Supreme Court judge has ruled in favor of 35 West Realty Co. LLC, declaring a disputed lease amendment produced by a Midtown delicatessen to be a forgery. The decision brings an end to a decade-long legal battle over the eatery's tenancy at 35 West 57th Street.

    In 2014, deli operator Booston LLC produced a lease amendment purportedly signed in 2005 by the previous landlord, extending its occupancy by 20 years. However, Rosenberg & Estis Members Norman Flitt and Alex M. Estis argued that the document was fake, citing inconsistencies with prior court filings and the sudden appearance of the amendment after the seller's death.

    A handwriting expert testified that the signature on the 2005 amendment did not match the deceased former owner's signature on previous lease amendments. The defense's own handwriting expert discredited earlier amendment documents, further undermining the defendant's credibility.

    Flitt stated, "Our client is pleased with the court's decision, which recognized that the deli owner's claims were fabricated." Estis added, "This decision sends a strong message that you can't fabricate your way into a better deal and expect to get away with it."

    The ruling awards 35 West Realty Co. LLC use and occupancy costs, attorney's fees, and further proceedings to determine additional financial damages. The case highlights the importance of methodical and expert legal work in commercial leasing disputes.

    Rosenberg & Estis, P.C., founded in 1975, is a leading real estate law firm in New York City, providing full-service representation in every aspect of real estate, from due diligence to litigation and negotiations.