Alan Kucker and Robyn Jagroop represented the seller of four properties located in Manhattan’s Upper East Side. The four neighboring properties were located just blocks from 86th Street and Lexington Avenue and the East River walkway. The buildings are five stories high and each contain fifteen to twenty residential units.
The Appellate Division, First Department issued a favorable decision for landlords in a rent overcharge case. Patrick Munson, Of Counsel at KMWB, represented the landlord. The case commenced when a tenant filed a claim against her landlord alleging her midtown Manhattan apartment was incorrectly deregulated and that her monthly rent constituted an illegal rent overcharge.
In a licensee-holdover proceeding, Gregg Kurlander, Of Counsel at KMWB, helped a landlord regain possession of a $110.00 per month rent-controlled apartment on Manhattan’s Upper West Side.
Nikolaos Preponis, Of Counsel at KMWB, successfully defended the validity of a non-primary residence holdover involving a corporate tenant after the Respondent submitted a motion to dismiss the proceeding. In their motion, the Respondent claimed that the Notice of Non-Renewal was fatally defective because one of the occupants of the subject apartment was not named in the Notice.
A landlord commenced a holdover proceeding against a rent-stabilized Tenant who consistently disregarded his obligations under both his written lease and the Rent Stabilization Code by refusing to provide the Landlord with access to make repairs in the apartment. The Tenant continuously contacted HPD to report violations in the apartment and would then refuse to provide access once a violation was issued. The tenant’s refusal to provide the landlord with access resulted in the landlord being unable to remedy the various issues in the apartment.
Ultimately, the Landlord requested access to make repairs 27 individual times by sending written requests to the tenant. The tenant ignored each of these 27 requests and continued to refuse access. At the request of the landlord, KMWB commenced a holdover proceeding against the tenant based on his persistent refusal to provide access to the landlord. After the trial, the court ruled in favor of the landlord and issued a warrant of eviction that could be executed if the tenant did not provide access within ten days. Nikolaos Preponis represented the landlord.
On January 25, 2017, James Marino, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, secured dismissal of three (3) violations issued by the Department of Buildings after a hearing conducted at the Environmental Control Board (Violation numbers 35124143J; 35124145N; 35124146P).
On December 7, 2016, Shogik Oganisyan and Lauren Papaleo secured dismissal of a violation issued by the Department of Buildings following a hearing conducted at the Environmental Control Board. The management company for the owner had been cited for “failure to comply with an order of the Commissioner” pertaining to the removal of a residential tenancy from a commercial space.
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.
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.
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.
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 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.
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.