Firm News
Kucker Marino Winiarsky & Bittens Year in Review
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...
The Eviction Moratorium – What You Need to Know Right Now
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...
KMWB Representing Landlord Against Claims of Defrauding 421a Program
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...
THE LATEST FROM THE NYS LEGISLATURE THE COVID-19 EMERGENCY EVICTION AND FORECLOSURE PREVENTION ACT OF 2020
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.
Court Declines to Award Abatement Sought Due to Mold, and Requires Extensive Proof for Protection Under the Safe Harbor Act
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...
KMWB Wins $1.4 Million Judgment in Federal Court Trial for Client Engaged in Domestic and International Business.
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 steel...
Governor Cuomo Extends Response Window for Tenants
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 of October 29. The...
Tenant Attorneys Fear Default Judgments
The latest executive order pausing default judgments is set to lift on November 4th, and tenant attorneys fear that nearly 15,000 cases will be lost by default. Concerned that the courts have not appropriately warned tenants about default judgments, they are calling...
Governor Cuomo’s New “Half-Measure” Just Pushes NY Housing Closer to the Breaking Point
Governor Cuomo signed a new executive order on Tuesday broadening the scope of the Tenant Safe Harbor Act, a bill allowing tenants to use financial hardship brought on by COVID-19 as a legal defense in some eviction proceedings. Tenant attorneys expressed frustration...