The Real Deal this month reported on eight lawsuits commenced by KMWB Partner Joseph Goldsmith against HPD by landlords who argue that a city program improperly forces them to prove their tenants were not harassed, or to set aside apartments for…
The September, 2022 newsletter published by the New York Real Estate Law Reporter features as its lead article an article penned by KMWB Senior Litigation Partner Nativ Winiarsky discussing a recent win at the Appellate Division Second Department. The Decision in…
On August 31, 2022, the DHCR proposed changes to various sections of the Rent Stabilization Code. While we will have a summary of those changes for you in the coming days, we thought it worthwhile to tell you immediately about…
KMWB Partner Nativ Winiarsky’s latest article to appear in the New York Law Journal focuses on the application of the default rule in the context of rent overcharge cases in the wake of Regina. Nativ begins the article reviewing the…
Nicholas Yokos, Esq. of KMWB, successfully opposed a tenant’s motion to dismiss a holdover proceeding with the court denying the motion, as well as granting the Landlord’s cross-motion for use and occupancy. Notably, in denying the Tenants’ motion to dismiss,…
In this month’s RSA Reporter is a discussion under noteworthy decisions about the appeal KMWB Partner Joseph Goldsmith won before the NYS Court of Appeals in Aurora Associates v. Locatelli, 2022 NY Slip Op 00958 (2022). In Locatelli the NYS…
On February 15, 2022, the NYS Court of Appeals, the state’s highest Court, issued its decision in favor of owners in the case argued by KMWB Partner Joseph Goldsmith last month. The Court found and held illegal loft conversions are…
With the eviction moratorium expiring this month, lawmakers are pushing a “Good Cause” Bill, which would limit the ability of landlords to control rental rates for their properties. Bloomberg shared some details of the bill, including a quote from Kucker…
On Thursday, January 6, 2022, KMWB Partner Joseph Goldsmith argued an important case before the NYS Court of Appeals, the highest Court in the State, on the intersection of the Loft Law and Rent Stabilization. In this case, Mr. Goldsmith…
Nicholas Yokos, Esq. of KMWB, moved by Order to Show cause and successfully struck a licensee’s hardship declaration in a civil court holdover proceeding with the Court determining that the licensee occupants of the two-family Brooklyn home were not entitled…
KWMB successfully won an argument on behalf of our client related to a rent overcharge claim from a tenant, according to a decision from Judge Shawn Kelly. We made a motion on behalf of the predecessor landlord and current landlord…
On Friday, November 12, 2021, KMWB Partner Nativ Winiarsky argued an important J-51 class action case concerning the fraud exception to the 4 year statute of limitations governing rental overcharges. In this case, the owner received limited J-51 benefits from…
Now, two and half years after the New York State Legislature passed the Housing Stability and Tenant Protection Act of 2019 (HSTPA), the legislation continues to wreak havoc on the real estate industry and further burden New York’s court system….
Joseph Goldsmith, Esq., a partner with Kucker Marino Winiarsky & Bittens, LLP, has been elected to the Board of Directors of CIRCL Ltd. and joins Jason Frosch, a partner with Kucker Marino Winiarsky & Bittens, LLP, in this capacity. Founded in…
On Thursday, August 12, 2021, the Supreme Court of the United States (SCOTUS) put a halt on a key piece of New York’s eviction moratorium under the COVID Emergency Eviction and Foreclosure Prevention Act (CEEFPA). Until now, CEEFPA, currently set…