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Elaine Shay

Elaine Shay

Elaine Shay, Esq.
  • Real Estate Law, Landlord Tenant, Appeals & Appellate ...
  • New York
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Biography


A respected and skilled attorney with over 28 years of experience as a litigator representing clients before the Courts in the Bronx, Brooklyn, New York City and Queens. Ms. Shay is also a talented negotiator who understands her clients and works tirelessly to achieve their goals.

Her practice is primarily concentrated on real estate and housing matters, including evictions, nonpayment cases, holdover proceedings, HP cases, ejectments, partition actions, DHCR filings, PARs, commercial litigation, leasing, summary proceedings, property transfers, mortgage transactions, corporate governance, shareholder disputes and appeals.

Practice Areas
    Real Estate Law
    Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
    Landlord Tenant
    Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
    Appeals & Appellate
    Civil Appeals, Federal Appeals
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Probate
    Probate Administration, Probate Litigation, Will Contests
    Foreclosure Defense
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    On selected overcharge complaints
Jurisdictions Admitted to Practice
New York
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Languages
  • English: Spoken, Written
Professional Experience
Attorney
Elaine Shay, Esq.
Current
Arbitrator
FINRA (Financial Industry Regulatory Authority)
Current
Adjunct Professor
Strayer University
Current
Education
Benjamin N. Cardozo School of Law
J.D. (1989) | Law
Honors: Magna Cum Laude Graduate
Activities: Cardozo Law Review
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Awards
Top Contributor
Avvo
Professional Associations
New York State Bar Association
Member
Current
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American Bar Association
Member
Current
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New York State Bar  # 2292225
Member
- Current
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Websites & Blogs
Website
Legal Answers
470 Questions Answered
Q. Person not participating in inheritance procedures.
A: If a required family member will not sign waivers, the party seeking to file the Petition for Probate or Administration will be required to seek the service of Citations from the Court.
Q. I live in a non smoking apartment complex. Cigarette smoke in my apartment.
A: It has been extremely difficult for landlords to move landlord/tenant cases forward during the Covid-19 pandemic. For tenants that have filed Hardship Declarations, proceedings are stayed through August 31, 2021, except in very limited cases of extreme nuisance. Not to suggest that the health hazzards of second-hand smoke are not serious but in NYC most Housing Court Judges would not be likely to consider it as exempt from the moratorium.
Q. If information isn’t printed legibly in a lease is it still valid?
A: Unless the lease contains specific provisions that allow for early termination, there is not right for the tenant to terminate a lease early and the landlord can seek to hold the tenant responsible for the full term of the lease. It is not uncommon for landlord's to request a payment to agree to terminate a lease early.
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Contact & Map
Office
800 3rd Avenue, Suite 2800
New York, NY 10022
Toll-Free: (212) 520-2690