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Almost a year after the shocking Housing Stability and Tenant Protection Act was passed, the legislation is continuing to wreak havoc on the industry and overburden New York’s court system. How did we get here? KMWB attorneys Nativ Winiarsky and Jim Marino were recently featured on the Realty Speak podcast to provide some insight….
The highest Court in the state, the Court of Appeals, is set to rule on whether recent changes to the Rent Law will be applied to pending rent overcharge cases, which have piled up since June 2019. An unfavorable ruling would be “calamitous”, KMWB’s Nativ Winiarsky told the Real Deal (see article here), but we…
Nativ Winiarsky recently successfully argued an appeal before the Appellate Division and reversed a Supreme Court decision denying an MCI increase. The Supreme Court action was an Article 78 proceeding brought by tenants seeking to reverse DHCR’s determination which had initially granted an MCI increase. The Supreme Court reversed the DHCR order that had granted…
Nativ Winiarsky and Abner Zelman recently obtained an award wholly in favor of the client in an AAA arbitration specifically enforcing the performance of an agreement between two members of a limited liability company, the sole asset of which was a valuable rental property in fashionable Williamsburg Brooklyn. KMWB represented the surviving member and commenced…
Kucker & Bruh, LLP, a highly respected New York City-based full-service real estate law firm, today announced the formation of its new Loft Law practice, rounding out its robust client services. In addition, the firm has rebranded as Kucker Marino Winiarsky & Bittens, LLP. With the overhaul of New York’s rent laws including the Loft…
Nativ Winiarsky and Abner Zelman recently successfully defended our client in a proceeding brought by the client’s partner to dissolve their two partnerships, which owned two valuable commercial properties in midtown Manhattan. The proceeding, alleging mismanagement and waste, sought to compel an accounting and have a receiver appointed to oversee the liquidation of the partnerships’…
Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, is set to argue against certification of a class of tenants seeking treble damages for various overcharges claims.
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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.
Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, saved a client hundreds of thousands of dollars and successfully demonstrated that a brokerage firm is not always entitled to a claimed sales commission. In Miron Properties, LLC v Eberli the Court ruled that the Commission Agreement did not clearly provide an exclusive brokerage and that since the broker did not significantly contribute meaningfully to the transaction and that the defendant was not as the broker claimed an agent of the daughter’s company, the actual purchaser.
by Nativ Winiarsky, Esq., printed in legal journal on July 31, 2002.