On November 2, 2016, James R. Marino served as a member of the presenting panel at a seminar conducted by the Community Housing Improvement Program (“CHIP”). Mr. Marino spoke for 20 minutes on the topic “Illegal Transient Occupancies and Practical Solutions”.
James Marino successfully advanced an argument in an appeal of a Dept. of Buildings AirBnb matter regarding whether aggravated penalties should have been imposed. The owner had been cited for alleged transient occupancy because a tenant had advertised the apartment on AirBnb, and the DOB alleged that a transient tenant had answered that advertisement.
Kucker, Marino, Winiarsky, & Bittens, LLP firmly believes that access to technology is vital to success. To support this belief with action, the firm donated several computers to The Kulanu Academy, a school devoted to ensuring that special needs children have the skills and resources they need to be fully included in all aspects of communal life. The computers were put to immediate use and have enabled the academy to promote more student-centered projects and technologically-focused learning objectives.
Alan Kucker and Robyn Jagroop represented the seller of an Upper West Side property located between Central Park West and Columbus Avenue. The 5-story renaissance revival townhouse was built in 1896 just steps away from Central Park. At nearly 11,000 sq. ft., the 125 year old building boasts 15 luxury units that contain 11 foot ceilings, oversized windows, and scenic views of the park. KMWB represented the seller throughout the entirety of the $12,250,000.00 transaction.
Saul Bruh, James Marino, and Robert Berman of Kucker, Marino, Winiarsky, & Bittens, LLP were instrumental in securing favorable decisions for building owners in Roberts litigation. Immediately following the Tishman Speyer v. Roberts decision in 2010, a building owner contacted Mr. Marino to discuss the effect this decision would have on some of his tenants. Mr. Marino analyzed the Court of Appeals decision, the building’s rent roll reports, individual apartment leases, and the expiration dates of the J-51 tax abatement benefits in order to determine the best way for the building owners to respond to the changes in the law.
Robyn Jagroop, an associate in Kucker, Marino, Winiarsky, & Bittens, LLP’s leasing and transactional department, represented the seller of a 2,000 sq. ft. townhouse which closed in March. The townhouse, located in Manhattan’s Upper West Side, boasted 7 bedrooms as well as a private garden, patio, and terrace. Kucker, Marino, Winiarsky, & Bittens, LLP provided legal representation to the seller throughout the entirety of the $7.85 million transaction.
Shogik Oganisyan, an associate at Kucker, Marino, Winiarsky, & Bittens LLP, saved a client hundreds of thousands of dollars and successfully obtained a settlement of defaulted and/or docketed violations issued by various New York City agencies.
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.
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!
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.
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.
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!
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.
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.
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.