Case Updates
Nativ Winiarsky’s article on recent Appellate Division win concerning transient occupants prominently featured in New York Real Estate Law Reporter
The September, 2022 newsletter published by the New York Real Estate Law Reporter features as its lead article an article penned by KMWB Senior Litigation Partner Nativ Winiarsky discussing a recent win at the Appellate Division Second Department. The Decision in a...
KMWB Prevails on Tenants’ Challenge To De-regulation Beyond 4 Years
Nicholas Yokos, Esq. of KMWB, successfully opposed a tenant’s motion to dismiss a holdover proceeding with the court denying the motion, as well as granting the Landlord’s cross-motion for use and occupancy. Notably, in denying the Tenants’ motion to dismiss, the...
KWMB Prevails on Behalf of Owners in Law Loft and Rent Stabilization Case
On February 15, 2022, the NYS Court of Appeals, the state's highest Court, issued its decision in favor of owners in the case argued by KMWB Partner Joseph Goldsmith last month. The Court found and held illegal loft conversions are not covered under Rent Stabilization...
KMWB Partner Joseph Goldsmith Presents Oral Argument at NYS Court of Appeals in Important Loft Law Case
On Thursday, January 6, 2022, KMWB Partner Joseph Goldsmith argued an important case before the NYS Court of Appeals, the highest Court in the State, on the intersection of the Loft Law and Rent Stabilization. In this case, Mr. Goldsmith asserted that the Appellate...
KMWB Prevails on Behalf of a Brooklyn Landlord In Striking a Licensee’s Hardship Declaration
Nicholas Yokos, Esq. of KMWB, moved by Order to Show cause and successfully struck a licensee’s hardship declaration in a civil court holdover proceeding with the Court determining that the licensee occupants of the two-family Brooklyn home were not entitled to the...
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...
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...