Firm News
KWMB Prevails on Behalf of Landlord on Rent Overcharge Claim
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 in this Supreme Court action where...
KMWB Presents Oral Argument at Appellate Division in Important J-51 Class Action Case
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...
KMWB Partners Discuss the Constitutionality of HSTPA and “Good Cause Eviction” on Realty Speak Podcast
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. Most recently, the New...
Election of Joseph Goldsmith Strengthens Loft Building Owners’ Advocacy Group
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 2017, CIRCL Ltd....
SCOTUS Halts Self-Certified Hardship Declarations
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 to expire on August...
KMWB Adds 2 Partners in its Expansion of its DHCR and Loft Practice
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 NEW YORK, NY –...
KMWB Secures Favorable Decision Related to Real Property Law § 227-E
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 many defenses raised was that the...
NYC Housing Courts, One Year Later
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 nine court-mandated evictions since...
COVID-19 EMERGENCY PROTECT OUR SMALL BUSINESSES ACT OF 2021
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 businesses. CEPOSB...