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Andrew J. Wagner

Partner

Litigation
Cooperative & Condominium Law

 

 

New York

t: 212-687-7770

f: 212-687-8030

email: ajw@rosenlivingston.com

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Education

Hofstra University School of Law, J.D. 1994

Brandeis University, B.A. (History)

Bar Admissions

New York

Court Admissions

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

Andrew J. Wagner is a graduate of Brandeis University and Hofstra University School of Law. He has been actively engaged in the practice of law since 1995, specializing in all areas of real-estate litigation, including summary eviction proceedings, brokerage disputes, “Yellowstone” injunctions, foreclosure actions, and creditor representation in bankruptcy proceedings. Andrew has also successfully argued numerous appeals before the Appellate Term and Appellate Division, in both the First and Second Departments.

Mr. Wagner also regularly appears before administrative agencies such as the New York State Division of Housing and Community Renewal, handling rent regulation coverage issues and rent overcharge claims.

Mr. Wagner’s diverse clientele includes both institutional and family-owned property owners, cooperative and condominium boards, managing agents, individual co-op/condo owners, rent-regulated tenants, and commercial tenants.

He was also a contributing author of Finkelstein, Ferrara, and Treiman’s Landlord-Tenant Monthly, a monthly newsletter for landlord-tenant practitioners, and has been quoted in numerous publications, including Habitat Magazine and the Cooperator.

300 East 85th Housing Corp. v. Dropkin, 66597/2013, N.Y.L.J. 1202674471713, at *1 (Civ., NY, Decided October 9, 2014) (Shareholder-tenant’s motion for attorneys’ fees granted based upon co-op’s failure to restore holdover proceeding that was deemed dismissed if not restored within 45 days).

300 East 85th Housing Corp. v. Dropkin, 84231/2013, N.Y.L.J. 1202664851759, at *1 (Civ., NY, Decided July 24, 2014) (Nonpayment proceeding dismissed based upon the co-op’s failure to prove its prima facie case regarding charges for base maintenance, late charges, electricity charges, attorney’ fees and architectural fees).

Lenox Gardens Apartment Corp v. Sandville, 58037/2012, N.Y.L.J. 1202657553838, at *1 (Civ., NY, Decided May 28, 2014) (94% attorney fee award obtained for successfully prosecuting an illegal use holdover proceeding in a co-op).

RSP 86 Property LLC v. Sylvester, 43 Misc.3d 1225(A) (N.Y. City Civ. Ct. 2014) (Successfully defended a nonprimary residence holdover proceeding where tenant maintained two vacation homes. Since the tenant never sublet the apartment, received all of his mail there, voted from there, and received all of his medical treatment in New York, the court concluded that the tenant maintained the requisite ongoing physical nexus with the subject premises for living purposes, and dismissed the petition).

Simens v. Darwish, 105 A.D.3d 686, 964 N.Y.S.2d 140 (1st Dep’t 2013) (Successfully defeated a Landlord’s attempt to consolidate a holdover proceeding he commenced with an unrelated Supreme Court action).

Bellis v. Eisenberg, 65262/09, N.Y.L.J. 1202575096160, at *1 (Civ. NY, Decided September 21, 2012) (Successfully established succession rights to a rent-controlled apartment. In addition to documentary evidence typically used in these types of proceedings (e.g., tax returns, bank records, etc.), the Civil Court based its decision upon the testimony of members of Alcoholics Anonymous, who testified that the tenant was present at AA meetings near his apartment during the relevant time period).

Fellenbaum v. Smallbone, Inc., L&T 87744/11, N.Y.L.J. 1202548406684, at *1 (Civ. NY, Decided March 28, 2012) (Successfully defended a commercial nonpayment proceeding. The proceeding was dismissed because a summary nonpayment proceeding cannot be maintained against a month-to-month tenant).

1974-76 Lafontaine Ave. Terrace Corp. v. Rogers, 29 Misc.3d 137(A), App. Tm., 1st Dep’t 2010. (Landlord entitled to attorneys’ fees as the prevailing party when it recovered 100% of rent arrears owed in a stipulation of settlement without any set-off or abatement).

Amalgamated Dwellings, Inc. v. Blutreich, 28 Misc.3d 135(A), 957 N.Y.S.2d 634 (App.Tm. 1st Dep’t 2010) (The first appellate decision that determined that “objectionable conduct” is a noncurable lease default, and, therefore, no notice to cure is required to be served).

Hampshire Owners Corp. v. Sullivan, N.Y.L.J. Feb. 24, 2009, p. 28., col. 3 (Civ. Ct., Queens Co.) (Cooperative shareholder-tenant entitled to legal fees incurred in successfully defending a nonpayment proceeding by establishing a breach of the warranty of habitability. The award included fees incurred pre-litigation as well).

1410 Ave. S Owners Corp. v. Chimarev, 27 Misc.3d 144(A), 911 N.Y.S.2d 694 (App. Tm., 2nd Dep’t 2008) (93% attorney fee award obtained for successfully prosecuting an illegal sublet holdover proceeding).

Blutreich v. Amalgamated Dwellings, Inc., 46 A.D.3d 352, 847 N.Y.S.2d 557 (1st Dep’t 2007) (Successfully defeated shareholder-tenants’ attempt to consolidate a “Pullman” holdover proceeding with a Supreme Court action. The Appellate Division held that consolidation is not appropriate when the claims asserted in a Supreme Court action (i.e., termination of shareholder-tenants’ lease was in bad faith and not in accordance with the cooperative corporation’s governing documents), may be interposed as defenses in a summary holdover proceeding. Therefore, Civil Court is the preferred forum for this dispute.)

300 East 85th Street Housing Corp. v. Dropkin, 66597/2013, NYLJ 1202674471713, at *1 (Civ., NY, Decided October 9, 2014) (Shareholder-tenant’s motion for attorneys’ fees granted based upon co-op’s failure to restore holdover proceeding that was deemed dismissed if not restored within 45 days).

PUBLICATIONS/REFERENCES IN NEWS OR PERIODS:

Contributing Author, Finkelstein Ferrara & Treiman’s Landlord-Tenant Monthly

  • New York State Bar Association
  • New York City Bar
  • New York County Lawyers Association