Case Updates
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...
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...
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...