Michael A. Pensabene

Top rated Real Estate attorney in New York, New York

Rosenberg & Estis, P.C.
Michael A. Pensabene
Rosenberg & Estis, P.C.

Practice areas: Real Estate

Licensed in New York since: 2001

Education: Brooklyn Law School

Selected to Super Lawyers: 2023 - 2025

Rosenberg & Estis, P.C.

11 Grand Central East
New York, NY 10017 Phone: 212-551-8406 Email: Michael A. Pensabene Visit website
Details

Michael A. Pensabene joined Rosenberg & Estis, P.C. in 2000 and is a Member with the firm’s Litigation Department. Prior to joining the firm, Pensabene spent seven years working for one of the largest real estate companies in New York City, while attending law school at night. That background has allowed Pensabene to be active in all aspects of the firm’s practice, including commercial litigation, landlord and tenant litigation, rent regulation, real estate development and construction, assemblages, co-op/condo law, partnership disputes, title issues, foreclosures, workouts, and bankruptcy. Pensabene is qualified, pursuant to Part 36 of the Rules of the Chief Judge, to act as Counsel to Receiver and Counsel to Guardian.

Pensabene’s experience affords him the judgment to evaluate competing property interests and the business relationship between the parties, to know how and when to assert clients’ rights to achieve their objectives. Pensabene’s achievements representing clients such as the Hyatt Corporation, Trinity Real Estate, Forest City Ratner Companies and the Durst Organization are founded on these principles and were honed in a wide variety of forums, including City, State and Federal courts. Pensabene successfully tried one of the first cases concerning novel landlord and tenant issues resulting from the September 11, 2001 terrorist attack and set precedent concerning service of process. Pensabene’s expertise in connection with construction activities has ensured the timely completion of developments and the protection of neighboring property rights, including negotiating easements, work agreements, clearing development sites, and obtaining injunctive relief from the Supreme Court. He has also represented boards, shareholders, unit owners, sponsors and managing agents in a wide variety of disputes concerning complex co-op/condo issues.

 

First Admitted: 2000, Connecticut

Professional Webpage: https://www.rosenbergestis.com/attorney/michael-a-pensabene/

Bar / Professional Activity

  • International Executives Association - Executives Association of Greater New York, 2026
  • U.S. Court of Appeals, Second Circuit, 2022, 2022
  • New York County Lawyers Association
  • New York County Bar Association
  • U.S. District Court Southern District of New York, 2002
  • U.S. District Court Eastern District of New York, 2002
  • New York, 2001
  • Connecticut, 2000

Verdicts / Settlements (Case Results)

  • 859 Ninth Avenue LLC V Shalom Mor, 2017
  • 11 Hanover Square Corp. V 11 Hanover Group LLC: Rosenberg & Estis, P.C. was successful on a motion for summary judgment seeking the dismissal of a nonpayment proceeding commenced against a commercial tenant, on the basis of (1) improper service of the predicate notice and of the notice of petition and petition, and (2) a defective rent demand, seeking amounts which had been paid by the tenant and accepted by the landlord over a week prior to the service of the rent demand. , 2017
  • Tap, LLC v. 558 Seventh Ave. Corp., Jane Upton, as Sole Trustee of the Basil Schmookler and Jane Upton Revocable Trust, and Jane Upton, as Sole Trustee of the Morwin Schmookler Irrevocable Trust, 2016
  • Brookford, LLC v. Penraat, 47 Misc.3d 723 (Sup. Ct. New York County), 2014
  • Arthur Management v. Zuck, NYLJ 2/25/08, p.21, col. 3 (Civ. Ct., Kings Co.), 2008
  • E-Z Eating 41 Corp. v. H.E. Newport, LLC, 23 Misc.3d 1125(A) (Sup Ct NY Co.), 2009
  • KSLM Columbus Apartments, Inc. v. Bonnemere, N.Y.L.J., 1/5/05, 19:1 (Civ. Ct., N.Y. Co.), 2005
  • The Rector, Church-Wardens and Vestrymen of Trinity Church in the City of New York v. Chung King House of Metal, NYLJ, July 7, 2009, at 27, col. 3 (Civ. Ct., N.Y. Co.), 2009

Videos

  • In this episode of Inside R&E, Michael A. Pensabene, a Member in the firm's Litigation Department, and Craig M. Deitelzweig, President & Chief Executive Officer of Marx Realty, host an inaugural podcast in the new podcast gallery at 10 Grand Central. In this episode, Craig walks Michael through the various facilities in the new space, explaining the thought process behind designing such areas and how they are being utilized by both tenants and external visitors. He also shares some exciting plans for the space’s future, tailored to the unique needs of the location. Craig elaborates on how, in response to the rise of remote work, he brings hospitality and comfort into the office to encourage people to return, emphasizing the social aspects that make the office experience more inviting—sometimes even in abundance. He highlights the importance of revitalizing older buildings to give the city a competitive edge while meeting tenant demands. Craig also discusses upcoming projects and shares his thoughts on the future of office space in New York City. Michael A. Pensabene’s experience affords him the judgment to evaluate competing property interests and the business relationship between the parties, to know how and when to assert clients’ rights to achieve their objectives. Pensabene’s achievements representing clients such as the Hyatt Corporation, Trinity Real Estate, Forest City Ratner Companies and the Durst Organization are founded on these principles and were honed in a wide variety of forums, including City, State and Federal courts. Pensabene successfully tried one of the first cases concerning novel landlord and tenant issues resulting from the September 11, 2001 terrorist attack and set precedent concerning service of process. Pensabene’s expertise in connection with construction activities has ensured the timely completion of developments and the protection of neighboring property rights, including negotiating easements, work agreements, clearing development sites, and obtaining injunctive relief from the Supreme Court. He has also represented boards, shareholders, unit owners, sponsors and managing agents in a wide variety of disputes concerning complex co-op/condo issues. Over his 25-year career, Craig M. Deitelzweig has vast experience in every aspect of the real estate industry and believes in a very hands-on approach. Prior to Marx, he held senior roles at both private equity and private development companies, including redeveloping over 50 assets in major markets across the country with a particular emphasis on NY and DC. Craig’s projects have received various awards from industry groups such as NAIOP, BOMA, Globe St., Crain’s, Washington Business Journal and AIA. He has been interviewed as a thought and innovation leader in several features in the Wall Street Journal, CNN, Bloomberg and on CNBC, and was selected as one of the Real Estate Forum’s Best Bosses of 2019. Under Craig’s leadership, Marx was selected to Crain’s Best Places to Work in 2020 and 2021. Craig was named to the 2020 and 2021 Commercial Observer’s Power 100 List. Craig previously practiced law in the real estate and litigation departments at Skadden before transitioning to the business side of the industry., Inspiring Spaces with Inspiring People, 2025
  • In this episode of Inside R&E, Michael A. Pensabene, an R&E litigation attorney with over two decades of experience, delves into the complexities of navigating insurance claims, particularly in the aftermath of a multitude of catastrophes across the country. Joined by Philip Maltaghati, Co-CEO of United Public Adjusters, they shed light on the crucial role that public adjusters play in ensuring fair settlements for policyholders, providing valuable insights into maximizing insurance claims and ultimately empowering policyholders to navigate challenging situations and secure rightful compensation for their losses. Over the course of their discussion, Pensabene and Maltaghati delve into the various ways in which public adjusters advocate for policyholders throughout the claims process., Inside R&E Podcast - Maximizing Payments On Insurance Claims, 2024
  • In this episode of Inside R&E, Michael A. Pensabene, R&E Litigation Member, invites seasoned immigration attorney Alexis S. Axelrad, Partner with Barst & Mukamal LLP, for a dynamic discussion revealing the many ways in which immigration laws change the scope of real estate development in major cities across the U.S. Together they discuss recent legislation related to foreign national property ownership, along with investment programs like EB-5, which was responsible for the development of Hudson Yards, among other projects. While lawmakers prioritize national security with thorough vetting, these tightening immigration laws could slow down or halt much-needed development in key U.S. cities facing housing shortages. Michael A. Pensabene’s practice spans all areas of commercial litigation, with a focus on joint venture and partnership disputes, contract and lease disputes, landlord/tenant litigation, construction issues and condo/coop disputes, as well as board representation of co-ops and condos. His experience affords him the judgment to evaluate the interests of the parties, and to know how and when to assert clients’ rights to achieve their objectives. Alexis S. Axelrad maintains a dynamic corporate and family-based US immigration practice based out of New York City. She has been active in the American Immigration Lawyers Association (AILA) for over 25 years and currently serves as First Vice-President of AILA’s Executive Committee responsible for advancing the goals and mission of the organization.          , The Little-Known Connection Between Immigration Policy and Real Estate Law, 2024
  • In this episode of Inside R&E, Michael A. Pensabene, R&E Litigation Member, invites for the second time Tina Larsson, Co-Founder & CEO of The Folson Group, for a high-level discussion of some of New York City’s most substantial Local Laws introduced this year, detailing the ways in which these changes impact coop / condo owners from both a financial and legal perspective. Together Michael and Tina delve into new laws such as Local Law 126 (parking facilities), Local Law 88 (electric) and Local Law 111 (lead paint), among others. Michael A. Pensabene’s practice spans all areas of commercial litigation, with a focus on joint venture and partnership disputes, contract and lease disputes, landlord/tenant litigation, construction issues and condo/coop disputes, as well as board representation of co-ops and condos. His experience affords him the judgment to evaluate the interests of the parties, and to know how and when to assert clients’ rights to achieve their objectives. Tina Larsson is the powerhouse behind The Folson Group, New York City’s leading coop and condo consultant. Tina leveraged her analytical skills in the financial industry and helped her coop save $340,000, leading to the creation of The Folson Group. Tina holds a LEED Green Associate designation, is the author of Living the High Life, and is passionate about supporting boards to make their buildings safer, more sustainable, and more affordable. For any questions related to this episode, contact Michael A. Pensabene at [email protected] or (212) 551-8406. Tina Larsson can be reached by email at [email protected], or on LinkedIn, Instagram (@folsongrp) and YouTube (@folsongrp). Click here to stream this episode, or view it at the YouTube link: https://youtu.be/cveBcvtupeE, New Local Laws In NYC Real Estate: What’s On The Horizon?, 2024

Educational Background

  • State University of New York at Stony Brook - B.A., 1992

Scholarly Lectures / Writings

  • "Dismissing the derivative claims from the lawsuit can significantly change the posture of the litigation and substantially narrow the issues in the case," writes Michael A. Pensabene of Rosenberg & Estis., Author, Defending a Co-op Against Derivative Claims: A Look Back to 'Auerbach, New York Law Journal, 2024
  • The enforceability of undefined terms such as "best efforts" often turns on how the commercial lease is drafted. This article discusses how New York courts interpret and enforce these "efforts" clauses., Co-Author, 'Best Efforts' Clauses in Commercial Leases, New York Law Journal, 2023
  • In this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy.", Co-Author, Are Inclusionary Air Rights Unique? Specific Performance Revisited, New York Law Journal, 2023
  • Thereareways aroundtheEPSBAwhichwill stillenablelandlords tolitigatetheirclaims againsttenantswhofailtopay rent, Author, How To Evict Commercial Tenants in New York When You Can't Commence Proceedings, GlobeSt., 2021
  • Real Estate , Author, https://www.rosenbergestis.com/In-the-News/Real-Estate.pdf, Lawyer Monthly, 2016
  • In June 2016, Warren A. Estis and Michael A. Pensabene presented seminars for the continuing legal education program at the New York State Judicial Institute, which provides statewide education and training for the judges and justices of the New York State Unified Court System., 2016
  • How the City Nails Landlords for Their Tenants' Illegal Airbnb Rentals, Quoted, https://www.rosenbergestis.com/In-the-News/coluisepensabne.pdf, Commercial Observer, 2017

Firm News (Newsletters)

  • NEW YORK, July 30, 2025 –Rosenberg & Estis, P.C., one of New York City’s pre-eminent real estate law firms, has prevailed in a dispute over access rights to an adjacent property in Midtown Manhattan by a developer trying to build a 47-story glass tower next door. The ruling confirms that, although time is literally money in New York City construction, developers and their counsel should not be too hasty to commence an RPAPL § 881 proceeding. On July 11, 2025, in the Supreme Court of the State of New York, Judge Verna L. Saunders ordered Joseph Stavrach’s Triangle Assets and David Halberstam of Bruklyn Builders back to the drawing board in a rare denial of their RPAPL § 881 petition for a license to access the landmarked Beaux Arts apartment building at 307 East 44th St. in Turtle Bay. “The Court agreed with us that their petition was premature because they failed to obtain DOB-approved plans before they commenced the proceeding,” said attorney Brendan Derr, a Member with Rosenberg & Estis Litigation Department. “The ruling confirms our client’s right to deny access to their property without the proper approvals demonstrating the neighbor was ready and able to proceed with its construction work safely and expeditiously.” Derr, along with Member Michael Pensabene, represented Beaux Arts II LLC, which owns the property at 307 East 44th St. The dispute centers around a disagreement over the developers’ request for access to Beaux Arts II LLC’s property to, among other things, install temporary protection while they are building a 47-story condominium on the neighboring 303-305 East 44th St. Commenced under Section 881 of New York’s Real Property Actions and Proceedings Law, these types of requests are typically made when a developer needs to enter an adjacent owner’s property temporarily to protect the property and its occupants during the developer’s construction project next door. However, Derr and Pensabene challenged the petition, arguing that the scope of access demanded by the developers was overly broad, lacked critical details, and would unduly burden their property and its residents. The attorneys also cited critical errors the developers made when they initiated the special proceeding, including failing to provide adequate plans for safety, insurance or compensation for any inconvenience or damage. Said Pensabene, “The Court agreed that the petition was legally and procedurally weak and ultimately dismissed the entire case—a rare outcome in these types of disputes, which are typically resolved through court-imposed access licenses. The decision is a strong reminder that access rights aren’t automatic and property owners should not be forced to accommodate vague or overly invasive construction requests without proper plans.” The decision compels the developers to commence a new special proceeding for access or negotiate a license agreement with Beaux Arts II LLC. It is the second action heard by the Court over the proposed high-rise at 303-305 East 44th St. In March, Beaux Arts II LLC sued to stop work on the site claiming the construction was damaging its building and harming residents. The building owners claimed foundation work was causing flooding and cracks in the walls of 307 East 44th St. and so much dust and debris that one resident had to move out. Said Derr, “Our client’s concern is for the safety and wellbeing of the residents of their property and this RPAPL § 881 decision reinforces the importance of doing things the right way. Granting open access without Department of Buildings-approved plans or proper engineering review would have left our client vulnerable to unsafe and unregulated work. We simply asked that the petitioner slow down, follow the proper procedures, and respect our client’s rights—and the Court agreed., 2025-Attorneys Secure Legal Victory in Midtown Manhattan Construction Dispute
  • Rosenberg & Estis, P.C., currently celebrating its 50th year as one of New York City’s pre-eminent real estate law firms, has successfully defeated a motion filed by Airbnb seeking to dismiss a lawsuit against it alleging that Airbnb illegally enabled a tenant to rent her apartment in violation of New York City’s Local Law 18. The decision by the Hon. Suzanne Adams in the Supreme Court of the State of New York paves the way for landlord Columbus 69th LLC to seek damages against Airbnb for permitting the landlord’s tenant, Carmen Magarin de Dominguez, to illegally advertise and sublet her apartment using Airbnb’s platform. “This is a precedent-setting decision that cements the validity and intent of Local Law 18, which Airbnb cannot evade, despite its stringent efforts,” said Michael A. Pensabene, a Member of Rosenberg & Estis’ Litigation Department, who represented the landlord. Last year, Airbnb lost an appeal in the State Supreme Court challenging the legality of Local Law 18, which was enacted in January 2023 to curb short-term rentals in multi-family buildings, including rent controlled and stabilized apartments, Mitchell Lama properties and any property receiving a federally subsidized mortgage. The law also allows any property owner – of any property type – to prohibit short-term rentals in their buildings by registering them on a “prohibited list” so that Airbnb and any other similar platform is on notice that they are not permitted to list apartments in these buildings on their platforms. Columbus 69th LLC originally filed suit arguing that Airbnb failed to verify de Dominguez’ short-term rental registration number, as required by Local Law 18, when she offered her three-bedroom unit at 207 Columbus Ave. for short-term lease on its platform. At that time, the court granted a Temporary Restraining Order prohibiting the use and the advertisement of the host’s apartment on Airbnb until further argument could be heard. In the interim, Airbnb filed its motion to dismiss the lawsuit, arguing that Local Law 18 was a legislative effort with public goals that prohibited a private right of action. However, in denying Airbnb’s motion to dismiss the lawsuit, Judge Adams agreed with Pensabene’s argument that the action “complements” the law “by seeking other relief that is not part of the City’s enforcement mechanisms, yet at the same time “promotes the legislative purpose” of the law and is consistent with the legislative scheme.” Said Pensabene, “We are pleased that the court agreed that our private action fits within the purpose of Local Law 18, which is to address illegal short-term rentals in New York City. Airbnb has played fast and loose with the rules for too long and this decision shows that the court will not stand for it.”, 2024: Rosenberg & Estis, P.C. defeats Airbnb Motion to dismiss Short-Term Rental Lawsuit

Honors

  • Moot Court Honor Society
  • Platinum Client Champion, Martindale Hubbell, 2026
  • AV Preeminent -Peer Rated, Martindale Hubbell, 2026

Industry Groups

  • Arbritration And Federal Practice
  • Commercial Litigation
  • Construction Law And Litigation
  • Leasing
  • Real Estate Development
  • Real Estate Litigation
  • Rent Regulation And Administrative Law

Office location for Michael A. Pensabene

11 Grand Central East
New York, NY 10017

Selections

3 Years Super Lawyers
  • Super Lawyers: 2023 - 2025

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