William Hummell, Esq. of KMWB, to avoid violating Stored Communications Act, served a Subpoena on Google limited to metadata for defendant’s emails; received requested metadata; subsequently, on April 18, 2019, he won an Order compelling defendant to obtain all of…
William Hummell, Esq. of KMWB, on December 26, 2018, won an Order defeating defendant’s motion to quash Federal Rule 45 Subpoena on JP Morgan Chase Bank for production of defendant’s bank records and a deposition for business records exception –…
Kucker Marino Winiarsky & Bittens, LLP Announces the Addition of Two Partners The arrangement will enable the New York City-based real estate law firm to expand its legal capabilities and services offerings to the New York City real estate industry…
KMWB just received a noteworthy decision on behalf of its client fully prevailing on a breach of lease case. The residential tenant vacated the residential space claiming she was unable to pay due to the COVID pandemic and among the…
As the country reflects on one year of COVID-19 upheaving our ways of life, New York City is still grappling with how it continues to reshape housing and our courts. According to Law360, New York City marshals report conducting only…
On March 10, 2021, Gov. Cuomo signed into law the COVID-19 Emergency Protect Our Small Businesses Act of 2021 (CEPOSB) with the intent that small businesses can only survive in this unprecedented time by avoiding evictions and foreclosures of their…
An article authored by our partner Nativ Winiarsky was featured in today’s New York Law Journal Special Litigation Report. This article discusses how recent court decisions have sought to clarify the analysis of rent overcharge claims in relation to both the Housing Stability…
As we approach the one-year anniversary of New York’s eviction moratorium, local landlords are still struggling with nonpayment and outright abuse of measures intended to protect tenants directly impacted by COVID-19. In a recent article and video piece produced by Reason,…
Despite a tumultuous year of court closures, legislation changes, and moratoriums, Kucker Marino Winiarsky & Bittens attorneys continued fighting for their clients and the wider New York Real Estate community this past year. Below are some of the successful judgments…
KMWB Partners Nativ Winiarsky, Jim Marino, and Lisa Faham-Selzer had the pleasure of recently joining Bill Weidner on his podcast, Realty Speak. In this episode co-hosted by SPONY’s Joanna Wong, our attorneys explain what’s really happening with the Eviction Moratorium — and the implications for…
Kucker Marino Winiarsky & Bittens (“KMWB”) is representing a prominent landlord in a series of class action lawsuits brought against owners of buildings receiving Real Property Tax Law § 421-a tax benefits. The landlord offered the tenants a temporary rent…
On December 28, 2020, the New York State Legislature passed the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) with the stated intention of protecting the public health, safety, and morals of New Yorkers from the dangers of the COVID-19 and to avoid as many evictions as possible for those people experiencing financial hardships and for those who are unable to move due to an increased risk of severe illness or death from COVID-19.
Nikolaos Preponis, of Kucker Marino Winiarsky & Bittens, LLP, successfully defeated a tenant’s claim seeking a 100% abatement on over $50,000 due in back-rent. Tenant claimed landlord had breached the warranty of habitability as a result of there being mold…
In the Complaint which KMWB’s William D. Hummell filed in the United States District Court for the Southern District of New York, Elof Hansson USA Inc., a New York corporation whose business includes supplying building materials in international trade, including…
Governor Cuomo signed a new order on November 3rd creating a 60-day window for tenants to answer eviction filings to avoid default judgements. Of more than 17,000 residential nonpayment cases filed since June 22, 15% of tenants had answered as…