Court Victory For NYC Property Owners

Kucker Marino Winiarsky & Bittens, LLP is pleased to announce another significant win for property owners, achieved by Partner Nativ Winiarsky. Recently, a group of tenants in a putative class action sought to reargue or renew their previously dismissed case, relying on the Appellate Division, Second Department decision in Bascom v. 1875 Atlantic Ave Dev.. This decision has caused concern for property owners, as it raised questions regarding the prorating of rent concessions and potential overcharge claims.

However, KMWB successfully distinguished Bascom, demonstrating that the tenants’ claims were time-barred, and persuaded the court to deny their motion to reopen the case. This outcome reaffirms the prior dismissal and protects our client from further litigation, marking a substantial victory for property owners in an area of law where clarity has been much needed.

Read the decision here.

If you have questions about this case or how it may affect your properties, please feel free to contact Nativ Winiarsky at [email protected] or 212-869-5030.