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…
[email protected] | 212.869.5030 LinkedIn | Download vCard “Successfully representing my client’s interests depends, not only on staying up to date with legal decisions, but with industry trends in my practice areas. Having this knowledge means that I can anticipate my client’s needs and litigate aggressively on their behalf. Understanding their world allows me to be…
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…
“Successfully representing my client’s interests depends, not only on staying up to date with legal decisions, but with industry trends in my practice areas. Having this knowledge means that I can anticipate my client’s needs and litigate aggressively on their behalf. Understanding their world allows me to be successful on their behalf.” Nativ is a…
KMWB secured a favorable outcome for landlords and property owners in a pivotal case for NYC Landlord Tenant Law. Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, represented a landlord who managed several cluster-sites that were housing formerly homeless families for affordable rents.
In this case, 82 occupants brought an action against the owner of several Brooklyn buildings and claimed that each of their units should be subject to rent stabilization laws.
Kucker, Marino, Winiarsky, & Bittens LLP is proud to recognize that partner Nativ Winiarsky authored an article that was published in the New York Law Journal on July 16, 2014 titled “Attorney Fees and Real Estate: Discretion Has Its Limits.”
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.
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…
In a compelling session hosted by Bill Weidner of Realty Speak, KMWB’s own Nativ Winiarsky, Craig P. Gambardella, and Eric McAvey share their insider’s perspective on the groundbreaking lawsuit filed by KMWB. This lawsuit seeks to reform Housing Court and restore it to its foundational principles of providing justice for all involved parties. This podcast…
As a leading law firm for landlords in New York City, KMWB is dedicated to fighting for the rights of our clients. That’s why we recently took action on behalf of one of our clients against the Queens County Office of Court Administration and the Civil Court of the City of New York for their…
It’s been a busy October at Kucker Marino Winiarsky & Bittens (“KMWB”) and a GREAT month for our clients. KMWB has obtained a number of significant victories so far this month that are of consequence not only for our clients but for the New York real estate community in general. KMWB Wins Summary Judgment on…