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Case Updates

Landlord Wins Warrant of Eviction against Tenant who Failed to Provide Access

A landlord commenced a holdover proceeding against a rent-stabilized Tenant who consistently disregarded his obligations under both his written lease and the Rent Stabilization Code by refusing to provide the Landlord with access to make repairs in the apartment. The Tenant continuously contacted HPD to report violations in the apartment and would then refuse to provide access once a violation was issued. The tenant’s refusal to provide the landlord with access resulted in the landlord being unable to remedy the various issues in the apartment.

Ultimately, the Landlord requested access to make repairs 27 individual times by sending written requests to the tenant. The tenant ignored each of these 27 requests and continued to refuse access. At the request of the landlord, KMWB commenced a holdover proceeding against the tenant based on his persistent refusal to provide access to the landlord. After the trial, the court ruled in favor of the landlord and issued a warrant of eviction that could be executed if the tenant did not provide access within ten days. Nikolaos Preponis represented the landlord.

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Successful Defense of ECB Violations

On January 25, 2017, James Marino, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, secured dismissal of three (3) violations issued by the Department of Buildings after a hearing conducted at the Environmental Control Board (Violation numbers 35124143J; 35124145N; 35124146P).

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Violation Dismissed by ECB

On December 7, 2016, Shogik Oganisyan and Lauren Papaleo secured dismissal of a violation issued by the Department of Buildings following a hearing conducted at the Environmental Control Board. The management company for the owner had been cited for “failure to comply with an order of the Commissioner” pertaining to the removal of a residential tenancy from a commercial space.

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Kucker Marino Winiarsky & Bittens, LLP Represents Seller of $12.25 Million Upper West Side Townhouse

Alan Kucker and Robyn Jagroop represented the seller of an Upper West Side property located between Central Park West and Columbus Avenue. The 5-story renaissance revival townhouse was built in 1896 just steps away from Central Park. At nearly 11,000 sq. ft., the 125 year old building boasts 15 luxury units that contain 11 foot ceilings, oversized windows, and scenic views of the park. KMWB represented the seller throughout the entirety of the $12,250,000.00 transaction.

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Kucker Marino Winiarsky & Bittens, LLP Represents Seller Of Upper West Side Townhouse In $7.85 Million Transaction

Robyn Jagroop, an associate in Kucker, Marino, Winiarsky, & Bittens, LLP’s leasing and transactional department, represented the seller of a 2,000 sq. ft. townhouse which closed in March. The townhouse, located in Manhattan’s Upper West Side, boasted 7 bedrooms as well as a private garden, patio, and terrace. Kucker, Marino, Winiarsky, & Bittens, LLP provided legal representation to the seller throughout the entirety of the $7.85 million transaction.

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Landlord Obtains Judgment of Possession After Tenant Accepts Out of Court Buyout but Fails to Surrender

Andrew Bittens, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP successfully obtained a judgment of possession where tenant signed out of court surrender agreement and accepted first installment of buyout money.

The owner and tenant entered into a surrender agreement in May, 2013 that provided for the tenant to receive 5 months free rent along with a $25,000 payment in two parts: $12,500 upon signing of the agreement and $12,500 upon surrender of the subject premises in September, 2013. The owner made the payment upon signing of the agreement yet the tenant failed to surrender the premises on time.

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