KMWB Partner Nativ Winiarsky Prevails in a Four Year old High-Stakes Rent Strike Dispute

KMWB Partner, Nativ Winiarsky, recently achieved a decisive win in Kings County Supreme Court in a high-stakes case arising from a tenant rent strike. The case involved tenants across the building who withheld rent for an extended period of time, claiming alleged building violations and other defenses to justify nonpayment.

After extensive litigation, the Court ordered all tenants to pay ongoing use and occupancy while the case was pending. The tenants ignored this directive, failing to pay anything either to the Court or to KMWB’s client.

As a result, the Court dismissed the tenants’ defenses, awarded possession of the units to our client, and granted attorneys’ fees. Importantly, the Court also held the tenants’ guarantors liable for the unpaid rent and ongoing obligations—ensuring that responsibility extended to all parties involved.

This ruling reinforces two key principles:

• Compliance with court orders is not optional. Failure to comply can lead to dismissal of defenses and severe consequences.
• Swift, strategic legal action matters. Even in prolonged disputes, property owners can protect their rights and recover losses with the right counsel.

For landlords and property managers, this decision is a strong reminder that experienced representation is critical when tenants default or attempt to evade their obligations. KMWB stands ready to help clients enforce leases, safeguard rental income, and protect their property investments.

For more information, please contact Nativ Winiarsky at nwiniarsky@kuckermarino.com or 212-869-5030.

For a copy of the Court’s decision, please follow the link here.

Media Contacts:

Briana Spariosu
Kucker Marino Winiarsky & Bittens, LLP
(212) 869-5030
bspariosu@kuckermarino.com