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…
Nikolaos Preponis, of Kucker Marino Winiarsky & Bittens, LLP, successfully defeated a tenant’s claim seeking a 100% abatement on over $50,000 due in back-rent. Tenant claimed landlord had breached the warranty of habitability as a result of there being mold…
Nikolaos Preponis, Esq. Of Counsel to KMWB, received a favorable decision on appeal in which the Appellate Term, First Department affirmed the lower court’s grant of a motion for summary judgment to the landlord. The case was a non-primary resident proceeding whereby the corporate tenant was claiming it was entitled to a lease renewal.
Nikolaos Preponis, Of Counsel at KMWB, successfully defended the validity of a non-primary residence holdover involving a corporate tenant after the Respondent submitted a motion to dismiss the proceeding. In their motion, the Respondent claimed that the Notice of Non-Renewal was fatally defective because one of the occupants of the subject apartment was not named in the Notice.
A landlord commenced a holdover proceeding against a rent-stabilized Tenant who consistently disregarded his obligations under both his written lease and the Rent Stabilization Code by refusing to provide the Landlord with access to make repairs in the apartment. The Tenant continuously contacted HPD to report violations in the apartment and would then refuse to provide access once a violation was issued. The tenant’s refusal to provide the landlord with access resulted in the landlord being unable to remedy the various issues in the apartment.
Ultimately, the Landlord requested access to make repairs 27 individual times by sending written requests to the tenant. The tenant ignored each of these 27 requests and continued to refuse access. At the request of the landlord, KMWB commenced a holdover proceeding against the tenant based on his persistent refusal to provide access to the landlord. After the trial, the court ruled in favor of the landlord and issued a warrant of eviction that could be executed if the tenant did not provide access within ten days. Nikolaos Preponis represented the landlord.