Blog

Landlord Obtains Judgment of Possession After Tenant Accepts Out of Court Buyout but Fails to Surrender

Andrew Bittens, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP successfully obtained a judgment of possession where tenant signed out of court surrender agreement and accepted first installment of buyout money.

The owner and tenant entered into a surrender agreement in May, 2013 that provided for the tenant to receive 5 months free rent along with a $25,000 payment in two parts: $12,500 upon signing of the agreement and $12,500 upon surrender of the subject premises in September, 2013. The owner made the payment upon signing of the agreement yet the tenant failed to surrender the premises on time.

Read More Landlord Obtains Judgment of Possession After Tenant Accepts Out of Court Buyout but Fails to Surrender
Kucker Marino Winiarsky & Bittens, LLP Shows Support and Appreciation to Veterans in Need

Kucker, Marino, Winiarsky, & Bittens, LLP partnered with Volunteers of America in order to express some love and admiration for our nation’s veterans this Valentine’s Day season. Volunteers of America has an extensive veterans program that provides veterans going through hard times with the assistance they need to get back on their feet. In order to show these brave men and women that we care about their success and are grateful for their service to our nation, employees worked together to put together gift bags containing chocolates, candies, and thank you cards. Thank you again to all of our veterans!

Read More Kucker Marino Winiarsky & Bittens, LLP Shows Support and Appreciation to Veterans in Need
Kucker Marino Winiarsky & Bittens, LLP Represents Seller of Southampton Property in $5 Million Transaction

Kucker, Marino, Winiarsky, & Bittens, LLP represented the seller of an 8,000 sq. ft. house located in Southampton. The waterfront property contains 8 bedrooms, 7 bathrooms, an infinity pool, a guesthouse, and a private beach. KMWB provided legal representation to the seller throughout the entirety of the $5,000,000.00 transaction.

Read More Kucker Marino Winiarsky & Bittens, LLP Represents Seller of Southampton Property in $5 Million Transaction
Kucker Marino Winiarsky & Bittens, LLP Represents Seller of Manhattan Property in $30 Million Transaction

Kucker, Marino, Winiarsky, & Bittens, LLP represented the seller of a 30,000 sq. ft. property located on East 16th Street in Manhattan. Built in 1900, the property is located between Fifth Avenue and Union Square West. The 7-story building consists of 15 residential units and 1 commercial space occupying the ground floor. KMWB provided legal representation to the seller throughout all aspects of the $30,000,000.00 transaction.

Read More Kucker Marino Winiarsky & Bittens, LLP Represents Seller of Manhattan Property in $30 Million Transaction
Kucker Marino Winiarsky & Bittens, LLP Launches the KMWB Rent Calculator, a Mobile Application that Calculates Legal Regulated Rents

Kucker, Marino, Winiarsky, & Bittens, LLP is excited to announce the release of its very own mobile application, the KMWB Rent Calculator. The KMWB Rent Calculator, a tool designed specifically for KMWB’s clients, enables users to calculate legal regulated rents at the click of a button!

Read More Kucker Marino Winiarsky & Bittens, LLP Launches the KMWB Rent Calculator, a Mobile Application that Calculates Legal Regulated Rents
Tenant’s Motion to Dismiss Proceeding Denied; Landlord’s Motion For Discovery and Use and Occupancy Granted.

Andrew Bittens, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, won a motion for discovery, and payment of use and occupancy in Missionary Sisters, Inc. c/o Halstead Mgmt. Co., LLC. v. Maureen Kenney and Laura Murphy, a non-primary residence holdover proceeding as well as defeating the tenants’ cross-motion to dismiss the proceeding.

Read More Tenant’s Motion to Dismiss Proceeding Denied; Landlord’s Motion For Discovery and Use and Occupancy Granted.
Court Grants Motion for Summary Judgment, Landlord Wins Judgment of $169,106.25 in Past Due Use and Occupancy and Legal Fees

Andrew Bittens, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, was granted both a motion to restore, and a motion for summary judgment in Moonbeams, Inv. v. Ryme Katkhouda. After the Department of Housing and Community Renewal (DHCR) determined that the apartment was exempt from Rent Stabilization, the holdover proceeding was restored to the Court’s calendar to determine a motion for summary judgment, in which Andrew Bittens successfully argued for possession of the unregulated premises.

Read More Court Grants Motion for Summary Judgment, Landlord Wins Judgment of $169,106.25 in Past Due Use and Occupancy and Legal Fees
Brokerage Firm Not Entitled to Unearned Sales Commission

Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, saved a client hundreds of thousands of dollars and successfully demonstrated that a brokerage firm is not always entitled to a claimed sales commission. In Miron Properties, LLC v Eberli the Court ruled that the Commission Agreement did not clearly provide an exclusive brokerage and that since the broker did not significantly contribute meaningfully to the transaction and that the defendant was not as the broker claimed an agent of the daughter’s company, the actual purchaser.

Read More Brokerage Firm Not Entitled to Unearned Sales Commission
Tenant Ordered to Cease Defamatory Statements

Kucker and Bruh, LLP won a defamation action on behalf of a fellow attorney, the court appointed Receiver in the matter of Village Realty Holdings, Inc. v. 135 West 13, LLC et al. The case commenced when a holdover tenant in the subject building contacted the Better Business Bureau and the Departmental Disciplinary Committee in an effort to coerce the Receiver to act in violation of her duties. In addition, the tenant wrote slanderous reviews about the Receiver on a popular website offering attorney ratings, reviews and disciplinary records. Among other inaccuracies, the disgruntled tenant alleged that the Receiver’s role as the court appointed Receiver to the apartment building constituted an attorney client relationship between the Receiver and the tenant, even after being made fully aware and knowing that no such relationship ever existed.

Read More Tenant Ordered to Cease Defamatory Statements
Court Declines to Re-Regulate Apartment after Deregulation Occurs

In the matter of Dixon v. 105 West 75th Street LLC, et al., Robert H. Berman, of Kucker, Marino, Winiarsky, & Bittens, LLP, successfully defeated a tenant’s claim to a declaratory judgment, injunctive relief, lease reformation, rent overcharge, fraud and attorney fees.

In Dixon, the plaintiff alleged that his apartment was still subject to the Rent Stabilization Law due to a failure to properly deregulate the apartment from rent stabilization regulations coverage.

Read More Court Declines to Re-Regulate Apartment after Deregulation Occurs
Jury Finds That Landlord Committed Illegal Conversion

In the matter of Harleysville Insurance Co. a/s/o Ralph Kroner and Ralph H. Kroner v. Kaufman Management, Company LLC et al., Gregg R. Kurlander, of Kucker, Marino, Winiarsky, & Bittens, LLP, successfully argued a conversion claim that led to a jury award of $2,286.83 in favor of the plaintiff.

Read More Jury Finds That Landlord Committed Illegal Conversion
Kucker Marino Winiarsky & Bittens, LLP Teams Up With Volunteers of America!

Every year hundreds of children living in poverty return to school ill equipped to strive in an academic environment. Kucker, Marino, Winiarsky, & Bittens, LLP believes that the key to success is preparation, and that providing these students with the supplies to succeed will help to prepare them both inside and outside of the classroom.

Click here to read more.

Read More Kucker Marino Winiarsky & Bittens, LLP Teams Up With Volunteers of America!
Court Declines to Reverse Prior Orders of DHCR

The law firm of Kucker, Marino, Winiarsky, & Bittens, LLP successfully defeated a claim posed by two wealthy New York City tenants that the court should reverse prior orders from the Division of Housing and Community Renewal (DHCR) which had luxury deregulated their apartments.

Read More Court Declines to Reverse Prior Orders of DHCR
Landlord Proves Deregulation of Apartment

In the matter of Dixon v. 105 West 75th Street LLC, et al., Robert H. Berman, of Kucker, Marino, Winiarsky, & Bittens, LLP, successfully defeated a tenants claim that his apartment was subject to the Rent Stabilization Law. In a decision dated April 13, 2015, Justice Manuel J. Mendez granted the Defendants pre-Answer motion to dismiss the Complaint based upon documentary evidence. The Plaintiff tenant commenced the action seeking, inter alia, a declaration that he was a rent stabilized tenant. Prior to the tenant taking occupancy the owner added a roof top addition to the building, creating two duplex apartments out of the top floor units.

Read More Landlord Proves Deregulation of Apartment
James Marino Conducts Presentation at CHIP

On December 9, 2014, James R. Marino served as a member of the presenting panel at the seminar conducted by the Community Housing Improvement Program (“CHIP”) titled “Primer on New York State Division of Housing and Community Renewal: Forms, Filings, and Policy Updates”. Mr. Marino spoke for 40 minutes on various topics, including Preferential Rents and Rent Calculations under different circumstances. Jim took questions from the attendants and received positive feedback from the participants.

Read More James Marino Conducts Presentation at CHIP

Blog

Landlord Obtains Judgment of Possession After Tenant Accepts Out of Court Buyout but Fails to Surrender

Kucker Marino Winiarsky & Bittens, LLP Shows Support and Appreciation to Veterans in Need

Kucker Marino Winiarsky & Bittens, LLP Represents Seller of Southampton Property in $5 Million Transaction

Kucker Marino Winiarsky & Bittens, LLP Represents Seller of Manhattan Property in $30 Million Transaction

Kucker Marino Winiarsky & Bittens, LLP Launches the KMWB Rent Calculator, a Mobile Application that Calculates Legal Regulated Rents

Tenant’s Motion to Dismiss Proceeding Denied; Landlord’s Motion For Discovery and Use and Occupancy Granted.

Court Grants Motion for Summary Judgment, Landlord Wins Judgment of $169,106.25 in Past Due Use and Occupancy and Legal Fees

Brokerage Firm Not Entitled to Unearned Sales Commission

Tenant Ordered to Cease Defamatory Statements

Court Declines to Re-Regulate Apartment after Deregulation Occurs

Jury Finds That Landlord Committed Illegal Conversion

Kucker Marino Winiarsky & Bittens, LLP Teams Up With Volunteers of America!

Court Declines to Reverse Prior Orders of DHCR

Landlord Proves Deregulation of Apartment

James Marino Conducts Presentation at CHIP

For more information about our firm or to speak to an attorney,

call us at 212-869-5030.