KMWB elevates its commercial litigation division with top-tier additions, bolstering its ability to serve the real estate industry. A recent expansion of office space cements KMWB’s position as a major player in the NYC legal landscape. Kucker Marino Winiarsky & Bittens, LLP. (“KMWB”) is proud to announce the expansion of our commercial litigation division in the …
This past week, KMWB received a number of winning decisions that are impactful to the real estate industry. First, the firm prevailed on a motion to dismiss a putative class action case in which the tenants argued that a landlord should be penalized for offering their tenants limited rent concessions. The tenants argued that these…
KMWB initiated a holdover as against a tenant who failed to renew his lease. The tenant interposed an answer, through counsel, stating that he did not sign the last renewal lease because it was improper due to an alleged rent overcharge from 2015. Nikolaos Preponis filed a motion seeking dismissal of the affirmative defenses alleging…
Federal Court Says New York’s Guaranty Law Violates the United States Constitution… But in a Recent Footnote, One New York State Court Hits Pause on the Enforcement of Guarantees By: William J. Halkias, Esq. In May 2020, the New York City Council enacted NYC Local Law No. 55 of 2020, also known as the “Guaranty…
[email protected] | 212.869.5030 Download vCard Education Widener University School of LawJuris DoctorUniversity of DelawareBachelor of Arts Admissions New York State CourtsNew Jersey State Courts Christopher is Of Counsel at Kucker Marino Winiarsky & Bittens, LLP. He is an able litigator and skilled legal writer, who, before joining the firm, represented property and small business owners…
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 2006-2016 that were specifically reduced by the proportion of non-regulated units in the building. DHCR…
Now, two and half years after the New York State Legislature passed the Housing Stability and Tenant Protection Act of 2019 (HSTPA), the legislation continues to wreak havoc on the real estate industry and further burden New York’s court system. Most recently, the New York State Legislature is seeking to enact a “Good Cause Eviction”…
Kucker Marino Winiarsky & Bittens, LLP Announces the Addition of Two Partners The arrangement will enable the New York City-based real estate law firm to expand its legal capabilities and services offerings to the New York City real estate industry NEW YORK, NY – April 19, 2021 – Kucker Marino Winiarsky & Bittens, LLP (KMWB),…
As the country reflects on one year of COVID-19 upheaving our ways of life, New York City is still grappling with how it continues to reshape housing and our courts. According to Law360, New York City marshals report conducting only nine court-mandated evictions since mid-March of 2020, down from more than 15,800 in 2019. And…
On March 10, 2021, Gov. Cuomo signed into law the COVID-19 Emergency Protect Our Small Businesses Act of 2021 (CEPOSB) with the intent that small businesses can only survive in this unprecedented time by avoiding evictions and foreclosures of their businesses. CEPOSB among other things, effectively stays all pending commercial eviction proceedings and actions through…
An article authored by our partner Nativ Winiarsky was featured in today’s New York Law Journal Special Litigation Report. This article discusses how recent court decisions have sought to clarify the analysis of rent overcharge claims in relation to both the Housing Stability and Tenant Protection Act (HSTPA) and the ground breaking Court of Appeals decision of Regina…
As we approach the one-year anniversary of New York’s eviction moratorium, local landlords are still struggling with nonpayment and outright abuse of measures intended to protect tenants directly impacted by COVID-19. In a recent article and video piece produced by Reason, New York City property owners detail nightmare scenarios of squatters and still-employed tenants owing more…
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…
KMWB Partners Nativ Winiarsky, Jim Marino, and Lisa Faham-Selzer had the pleasure of recently joining Bill Weidner on his podcast, Realty Speak. In this episode co-hosted by SPONY’s Joanna Wong, our attorneys explain what’s really happening with the Eviction Moratorium — and the implications for the wider New York City Real Estate community. As you continue to accumulate obligations without…
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 concession. The tenants are claiming that the rent concession should be averaged into the legal…