This week, the New York City Housing Court began taking up qualifying cases in virtual settlement conferences. According to Chief Administrative Judge Lawrence K. Marks, eligible cases must have commenced before the pandemic, and both parties must have counsel. While…
Governor Cuomo rolled out an extension last week on the state’s moratorium on convictions through August. In a surprising change from the earlier ban, the new order only applies to tenants unable to pay rent due to COVID-19 or who…
Gov. Andrew Cuomo’s new executive order narrowing the eviction moratorium goes into effect on June 20. What does that mean for NYC landlords? “There remains a cloud of uncertainty throughout the industry as to how these executive orders are to…
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…
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…
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…
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…
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…
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.
KMWB secured a favorable outcome for landlords and property owners in a pivotal case for NYC Landlord Tenant Law. Nativ Winiarsky, a partner at Kucker, Marino, Winiarsky, & Bittens, LLP, represented a landlord who managed several cluster-sites that were housing formerly homeless families for affordable rents.
In this case, 82 occupants brought an action against the owner of several Brooklyn buildings and claimed that each of their units should be subject to rent stabilization laws.
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.
Kucker, Marino, Winiarsky, & Bittens LLP is proud to recognize that partner Nativ Winiarsky authored an article that was published in the New York Law Journal on July 16, 2014 titled “Attorney Fees and Real Estate: Discretion Has Its Limits.”