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 judgments secured by our talented team in 2020.
Partner Nativ Winiarsky represented one of four respondents in Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal before the Court of Appeals. This case resulted in a groundbreaking 4-3 decision which, among other things, found that the retroactive application of Part F of HSTPA was unconstitutional on due process grounds. Nativ subsequently continued the discussion of Regina in the New York Law Journal in the following articles:
‘Regina’ and Its Potential Impact on Settled Claims
‘Regina’ and Fraud: A Much Needed Clarification
‘Regina’, Fraud, and Its Evolving Interpretations
Nativ Winiarsky also successfully argued an appeal and reversed a Supreme Court decision denying an MCI increase. The Supreme Court found that the DHCR had acted arbitrarily and capriciously in considering evidence brought by Nativ. You can read more about this case here.
Partner Catherine Helwig, successfully cross-moved for a summary judgment on a tenant’s breach of a commercial lease. She secured a $2.2 million judgment and the Court granted a request for the landlord’s attorney’s fees after the Judge denied the tenant’s motion for summary judgment dismissing the complaint. You can read more about this case here.
Partner William D. Hummell won a $1.4 million judgment in Federal Court for a client engaged in domestic and international business. The Complaint William filed accused the defendant of pilfering money from his employer in a complex scheme with an agent in China. He prosecuted the claims and conducted the bench trial. In its decision, the Court rules that the Defendant is liable on eight separate causes of action. You can read more about this case here.
Partner Craig Gambardella and Nicholas Yokos represented a landlord in a plenary action in Supreme Court, for which the Court granted the landlord’s motion for judgement after rejecting the guarantor’s claim that the signature on the guaranty was a forgery. This allowed the landlord to move for additional accelerated rents and its legal fees. You can read more about this case here.
Nikolaos Preponis, Of Counsel at KMWB, successfully defeated a tenant’s claim seeking a 100% abatement on back-rent. The tenant claimed the landlord had breached the warranty of habitability as a result of mold being in the apartment. However, Nikolaos successfully argued at trial that the abatement should not be granted because the landlord attempted to obtain access numerous times, which the tenant failed to provide. You can read more about this case here.
Nicholas Yokos, Of Counsel at KMWB, secured a favorable ruling in tenant-initiated proceedings, helping a local landlord avoid liability due to a tenant’s partition after Counsel moved for contempt against the tenant. You can read more about this case here.
As we look ahead to 2021, continuing effects of COVID-19, and consequential procedural changes, we are committed to keep working on behalf of New York City’s landlords.
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