On August 21, 2012, in 61 Fifth Ave., LLC v Wilshire Limited, Index 101995/12 (Sup.Ct., N.Y. Co., Aug. 21, 2012) (Tingling, J.), Kucker, Marino, Winiarsky, & Bittens, LLP won an Order and Judgment authorizing plaintiff to install extensions for flues and chimneys and weather protection on defendants’ adjacent premises.
On July 23, 2012, in 320 W. 13th St., LLC v. Wolf Shevack, Inc., 2012 N.Y. Misc. LEXIS 3742 (N.Y. Sup. Ct. July 23, 2012) (Kenney, J.), in a Commercial Lease Dispute/Complex Civil Action, Kucker, Marino, Winiarsky, & Bittens, LLP prevailed on motion for an Order that imposes negative inference on defendants for their spoliation of key documents allegedly lost or destroyed by them.
Co-authored by William D. Hummell, Esq., published for VIII International Congress of Arbitrators, Madrid, Spain, October 1987.
by Alan D. Kucker, Esq., printed in New York Law Journal on March 11, 1996.
by Alan D. Kucker, Esq. and James R. Marino, printed in New York Law Journal on February 6, 1997.
by Alan D. Kucker, Esq., printed in New York Law Journal on June 9, 1997.
by Alan D. Kucker, Esq., printed in New York Law Journal on September 22, 1997.
On May 2, 2002, in Malafis et al. v. Shannon, Index No. L&T 101887/01 (Civ. Ct. Kings Co., May 2, 2002) (Marton, J.H.C.), a notable ruling was issued recognizing the right of an owner to recover a rent stabilized apartment for use by his son. Kucker, Marino, Winiarsky, & Bittens, LLP represented the landlord/owner in this owner-occupancy summary holdover case. Ultimately, the court held that the landlord had proved his prima facie case and owners were entitled to possession of rent stabilized apartment unit for use by owners’ son. The court determined the landlord established good faith since eviction was sought with honest intention and desire to gain possession of the subject premises for use by their son. The availability of other apartments renting for higher sums did not establish lack of good faith. Court also explained that owner was not required to occupy an apartment that was not controlled and thus diminish its income.
by Saul D. Bruh, Esq. and Alan D. Kucker, Esq., printed in New York Law Journal on March 23, 1998.
by Alan D. Kucker, Esq., printed in New York Law Journal on March 20, 2000.
by Nativ Winiarsky, Esq., printed in legal journal on July 31, 2002.
by Nativ Winiarsky, Esq. and Abner T. Zelman, Esq., printed in legal journal on September 30, 2002.
by Alan D. Kucker, Esq. and Andrew B. Bittens, Esq., printed in New York Law Journal on May 19, 2003.
by Alan D. Kucker, Esq. and John M. Churneftsky, Esq., co-author Charging Roommates In Rent-Controlled Units Under Scrutiny”, printed inNew York Law Journal on June 21, 2004.
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.