Case Updates
Court Grants Summary Judgment Against Commercial Tenant for $2.2 Million and Rejects Tenant’s Defense that it Surrendered and Terminated the Lease
KMWB’s Catherine Helwig successfully cross-moved for summary judgment on a tenant’s breach of a commercial lease and the Hon. Nancy Bannon awarded the landlord damages in the sum of $2.2 million dollars based on a rent acceleration clause in the lease. The Judge...
Judge Rejects Guarantor’s Forgery Claim and Enters Summary Judgment in Favor of Landlord
Nicholas Yokos and Craig Gambardella represented a Landlord in a plenary action in Supreme Court, Kings County to enforce a personal guaranty under a commercial lease, moving for summary judgment in lieu of complaint. In opposition to the Landlord’s motion, the...
Landlord Avoids Liability Due to Tenant’s Partition
KMWB's Nicholas Yokos secured a favorable ruling in recent tenant-initiated proceedings against a local landlord. In response to the tenant's call to 311, HPD inspected the premises and issued several violations, including for an illegal sheetrock partition. The...
KMWB Successfully Maintains MCI Increases After the Appellate Division Remands DHCR’s Order
Nativ Winiarsky recently successfully argued an appeal before the Appellate Division and reversed a Supreme Court decision denying an MCI increase. The Supreme Court action was an Article 78 proceeding brought by tenants seeking to reverse DHCR’s determination which...
KMWB Successfully Defends Tenant’s $4,000,000 Renovations with Injunction and Summary Judgment and Attorneys’ Fees
KMWB represented a commercial tenant who entered into a net lease for a 58,000 square foot vacant warehouse that was a former paper mill factory. Our client executed the Lease when the Building was virtually a shell and set about to undertake a wholesale conversion...
KMWB Proves Department of Buildings Failed to Establish Client’s Liability, Successfully Appeals 4 Violations
Rachel Kramer successfully appealed 4 ECB violations issued by the Department of Buildings, relating to alleged transient use of a client’s property. As a result of an advertisement for a short-term rental placed by the tenant of record, often times referred to as an...
KMWB Saves Client $2 Million & Fashionable Brooklyn Rental Property in Arbitration
Nativ Winiarsky and Abner Zelman recently obtained an award wholly in favor of the client in an AAA arbitration specifically enforcing the performance of an agreement between two members of a limited liability company, the sole asset of which was a valuable rental...
KMWB Successfully Defends Client in Partnership Dispute
Nativ Winiarsky and Abner Zelman recently successfully defended our client in a proceeding brought by the client’s partner to dissolve their two partnerships, which owned two valuable commercial properties in midtown Manhattan. The proceeding, alleging mismanagement...
Kucker Marino Winiarsky & Bittens Represents Brooklyn Landlord in Class-Action Overcharge Claim
Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, is set to argue against certification of a class of tenants seeking treble damages for various overcharges claims.