Search Results for: nativ

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…..

Kucker Marino Winiarsky & Bittens, LLP remains at the forefront of legal advocacy for property owners, continuing to fight against overreaching regulations and ensuring fair treatment under the law. Recently, KMWB Partner Nativ Winiarsky appeared before the New York Court of Appeals, arguing a pivotal case that could significantly impact property registration requirements and the…

KMWB Partner Nativ Winiarsky recently appeared as a guest on the Cats Roundtable Radio Show hosted by renowned real estate legend John Catsimatidis. In this interview, Nativ discussed the current state of New York real estate and the groundbreaking lawsuit filed by KMWB that aims to reform Housing Court and restore it to its foundational…

There has been a recent round of decisions in which courts have barred the collection of rent from an entire building whenever a DOB violation is issued in respect to a single unit being used in contravention of a building’s certificate of occupancy (“CO”); even when such use is done without the knowledge and/or consent…

The September, 2022 newsletter published by the New York Real Estate Law Reporter features as its lead article an article penned by KMWB Senior Litigation Partner Nativ Winiarsky discussing a recent win at the Appellate Division Second Department. The Decision in a case entitled Sapp et al v. Clark Wilson et al, __ AD3d __, 2022…

KMWB Partner Nativ Winiarsky’s latest article to appear in the New York Law Journal focuses on the application of the default rule in the context of rent overcharge cases in the wake of Regina. Nativ begins the article reviewing the definition of fraud as set down by the landmark ruling in Regina (argued by Nativ…

Landlords are often insistent on procuring personal or other forms of guaranties when entering into a lease with a tenant. Unfortunately, however, while much time and effort is often spent on securing the form and material terms of the guaranty, landlords and their counsel are well advised to make similar efforts to take the necessary precautionary steps to ensure that the guaranty they worked so hard to acquire can indeed one day be enforced in the event of default by the principal debtor.

by Nativ Winiarsky, Esq. and Abner T. Zelman, Esq., printed in legal journal on September 30, 2002.

Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens LLP, writes that in the race to rehabilitate old manufacturing buildings in now-fashionable neighborhoods, zoning codes are sometimes overlooked – codes that may then be used to eject tenants of noncompliant lofts. Counsel for these tenants often turn to the Emergency Tenant Protection Act, but until the Legislature steps in, that protection should remain unavailable. An article printed in the New York Law Journal on April 10, 2007.

In a first of its kind decision, KMWB partners Nativ Winiarsky and Robert Moore recently secured a victory for their clients in a case challenging the deregulatory status of an apartment. The tenant charged that the apartment was improperly deregulated based largely upon improvements it alleged never occurred and alleged improper rent registrations. The deregulation…