
“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.”
Education
Fordham University School of Law
Juris Doctor
New York University Stern School of Business
Bachelor of Science
Admissions
New York State Courts
Supreme Court of the United States
Nativ Winiarsky is a Partner at Kucker Marino Winiarsky & Bittens, LLP. He is a senior attorney whose legal practice is concentrated on the practice areas of complex State Supreme Court and commercial landlord-tenant litigation. He has litigated countless trials, jury and non-jury, before various forums throughout the state. Nativ has been in the forefront of groundbreaking law that has greatly assisted landlords throughout the city, has argued motions and has participated in multiple and various appeals in both the state and federal level. Furthermore, he has written various articles in numerous legal journals and is a regular contributor to the New York Law Journal. With an established reputation as an extremely competent and aggressive litigator, Nativ has quickly risen to prominence in the high-stakes litigation arena.
Watch Nativ’s argument here before the Court of Appeals in one of the consolidated cases that made up the landmark ruling of Matter of Regina Metro. Co., LLC v DHCR.
Watch Nativ’s argument here before the Court of Appeals in a case involving the ability to amend DHCR registrations that would greatly impact landlords’ rights.
Nativ’s latest New York Law Journal publication can be read here.
Media & Publications Featuring Nativ Winiarsky

- The Barring of Rent in the Absence of a Certificate of Occupancy— A Rule Still In Need of Much Clarification
- ‘Regina’ and Its Potential Impact on Settled Clams
- ‘Regina’ and Fraud: A Much Needed Clarification
- Not Everything is Guaranteed in Landlord Tenant Guaranties
- Obstacles Arise When Tenant is a Foreign State
- ‘Regina,’ Fraud, and Its Evolving Interpretations
- Pre and Post HSTPA Analysis of Rent Overcharge Claims
- Fraud and the Default Formula: Still in Need of Clarification





- NY Atty Confusion, Concern Around New Virus Eviction Rule
- NYC Housing Court Starts Virtual Eviction Case Conferences
- NYC Says Courts Must Okay Some Pre-Virus Eviction Notices
- NYC Judges Preview Slow Start For New Eviction Cases
- NY Courts Say State Has 1 Month To Act On Eviction Hold
- NYC Tenant Attys Urge State, Courts To Prevent Default Spike
- NY Gov. Orders Eviction Default Buffer In Wake Of Atty Pleas


- Two Bills Targeting Illegal Rent Increases Await Their Fate
- NYC Evictions Have Increased Every Month This Year



- 4 years, $60k in arrears: A portrait of housing court delays at their worst
- Rent overcharge cases pile up
- Brooklyn landlord accused of inflating rent, skirting 421a rules
- City sides with tenants at Stuy Town in case against Blackstone
- “They don’t deserve rent”: Tenants weigh rent strikes as landlords plan for the worst
- A glaring gray area for Stuy Town, Blackstone and the city
- Industry suffers setback in 421a class action suit
- Cuomo extended eviction ban, but there’s a big catch
- Nathan Berman wins FiDi Legionnaires’ dispute with Sonder
- Landlords puzzled by Cuomo’s eviction policy
- Courts to allow new cases to proceed, possibly including some evictions
- Real estate attorneys predict bottleneck, brain drain after court cuts
- “Tsunami” of NYC evictions? More like a trickle



Podcast & Radio Featuring Nativ Winiarsky
Firm News Featuring Nativ Winiarsky
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Nativ Winiarsky – Protecting Your Co-op: Legal Steps for Dealing with Disruptive Shareholders
When your co-op or condo board faces a shareholder who’s disruptive, in arrears, or disregarding building rules, you have a powerful legal tool: the ability to terminate the proprietary lease and evict the shareholder. As attorney Nativ Winiarsky, partner at…
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KMWB Partner Nativ Winiarsky Prevails in a Four Year old High-Stakes Rent Strike Dispute
KMWB Partner, Nativ Winiarsky, recently achieved a decisive win in Kings County Supreme Court in a high-stakes case arising from a tenant rent strike. The case involved tenants across the building who withheld rent for an extended period of time,…
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KMWB Files Landmark Appeal to Bring Housing Court Delays to an End
A coalition of New York City property owners, represented by Kucker Marino Winiarsky & Bittens, LLP, has filed a pivotal appellate brief in the New York Supreme Court, Appellate Division – Second Department. The case, In the Matter of Argentine…


