Nicholas Yokos is a Partner and trial counsel at Kucker Marino Winiarsky & Bittens, LLP whose practice focuses on complex commercial and residential landlord-tenant disputes.  He applies a deep understanding of the ever-changing law to provide sound guidance, resolve conflicts, and achieve successful litigation outcomes, fighting to protect his clients’ property rights and financial interests. 

Nicholas handles all phases of a broad range of residential and commercial actions and proceedings including non-payments, holdovers, ejectments, plenary actions, partitions, and defense of owners and landlords in HP proceedings and against claims of illegal deregulation, rent-overcharge, harassment, illegal lock-out and for cannabis-related-violations.  He regularly appears in New York City Housing Court, federal court, and New York Supreme Court, with a particular concentration on difficult access, habitability, rent-regulation, nuisance and breach of lease disputes and multi-faceted situations that often span several forums. 

In addition to his courtroom practice, Nicholas regularly advises landlords, property owners and managers, and other real estate stakeholders on best practices and a broad range of management and operational issues impacting their real estate assets. 

He also helps clients navigate the evolving human rights laws including advising clients on compliance and defending investigations and disputes under the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) and New York State and New York City Human Rights law. 

Nicholas earned his J.D. from Brooklyn Law School, where he also interned with The Legal Aid Society’s Criminal Defense Division, and he earned his B.A. in English Literature from Vassar College. He is admitted to practice in New York State, the U.S. District Courts for the Southern and Eastern Districts of New York, and New Jersey.

Representative Matters:

• Secured summary judgment on behalf of a Landlord in a New York County Supreme Court breach of contract action brought by the tenant, successfully establishing that the tenant materially breached a confidential stipulation of settlement to resolve a rent overcharge complaint at DHCR, when the tenant subsequently filed a PAR with DHCR in violation of the agreement, and with the court awarding the landlord a monetary judgment in the amount of the first settlement payment made to the tenant under the agreement, denying the tenant’s cross-motion for summary judgment, and also finding the landlord was entitled to its attorney’s fees. Read the decision.
• Secured summary judgment on behalf of a Manhattan building seller in a New York Supreme Court breach of contract action brought by the buyer, where the buyer had deposited several hundreds of thousands of dollars in escrow and agreed to a time-is-of-the-essence closing date, successfully arguing that the buyer’s failure to close constituted a material breach, entitling the seller to cancel the contract and the full contract deposit as liquidated damages. Read the decision.
• Successfully defended a property owner and obtained a favorable resolution and a finding of no probable cause in a housing discrimination investigation before the New York State Division of Human Rights (DHR), where the tenant alleged discrimination based on her lawful source of income because she received a rental subsidy and further claimed that management ignored her noise complaints and repair requests. Read the decision.
• Successfully defended a landlord and obtained a favorable resolution including dismissal and a finding of no probable cause in a housing discrimination investigation before the New York State Division of Human Rights (DHR), where tenant alleged discrimination based upon national origin, race/color, sex, and/or lawful source of income. Read the decision.
• Successfully obtained both a monetary and possessory judgment in New York County Housing Court against a licensee occupant claiming non-traditional succession to a rent-stabilized tenancy after the occupant failed to comply with certain document discovery demands as well as to pay court-ordered use and occupancy. Read the decision.
• Secured a substantial monetary judgment on behalf of a Manhattan commercial landlord in a commercial nonpayment proceeding in New York County Housing Court against a commercial smoke-shop, successfully opposing tenant’s application to vacate its default with the Court rejecting the tenant’s contentions of improper service and excusable delay and issuing judgment in landlord’s favor. Read the decision.
• Secured summary judgment as to liability on behalf of a Bronx landlord in a commercial breach of lease action based upon the non-payment of rent in Bronx County Supreme Court together with the dismissal of all of Defendant-Tenant’s affirmative defenses. Read the decision.