Firm News

Kucker & Bruh, LLP's legal professionals are highly regarded as experts in their respective fields and routinely issue articles summarizing general legal trends or noteworthy decisions rendered by a federal or state court judge.

The articles are provided hereby as a public service for informational purposes only, and do not constitute legal advice from Kucker & Bruh, LLP or any of its attorneys. For more details on the limitations regarding the use of the following articles, as well as other important information please review our Legal Disclaimer.

Patrick Munson Secures Favorable Decision for Landlords in Rent Overcharge Claim

The Appellate Division, First Department issued a favorable decision for landlords in a rent overcharge case. Patrick Munson, Of Counsel at K&B, represented the landlord. The case commenced when a tenant filed a claim against her landlord alleging her midtown Manhattan apartment was incorrectly deregulated and that her monthly rent constituted an illegal rent overcharge.

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Landlord is Awarded Possession of $110.00 per Month Rent-Controlled Apartment

In a licensee-holdover proceeding, Gregg Kurlander, Of Counsel at K&B, helped a landlord regain possession of a $110.00 per month rent-controlled apartment on Manhattan’s Upper West Side.

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Nativ Winiarsky Responds to New York Post Article Featuring a K&B Case

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.

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Nikolaos Preponis, Esq. Secures Favorable Decision in Non-Primary Residence Proceeding

Nikolaos Preponis, Of Counsel at K&B, 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.

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Landlord Wins Warrant of Eviction against Tenant who Failed to Provide Access

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, K&B 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.

Successful Defense of ECB Violations

On January 25, 2017, James Marino, a partner at Kucker & Bruh, LLP, secured dismissal of three (3) violations issued by the Department of Buildings after a hearing conducted at the Environmental Control Board (Violation numbers 35124143J; 35124145N; 35124146P).

Violation Dismissed by ECB

On December 7, 2016, Shogik Oganisyan and Lauren Papaleo secured dismissal of a violation issued by the Department of Buildings following a hearing conducted at the Environmental Control Board. The management company for the owner had been cited for “failure to comply with an order of the Commissioner” pertaining to the removal of a residential tenancy from a commercial space.

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Dealing with Transient Occupancies and the New York State Air BnB Law

On November 2, 2016, James R. Marino served as a member of the presenting panel at a seminar conducted by the Community Housing Improvement Program (“CHIP”). Mr. Marino spoke for 20 minutes on the topic “Illegal Transient Occupancies and Practical Solutions”.

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James Marino Helps Owner Avoid Excessive Penalties in AirBnb Case at the Environmental Control Board

James Marino successfully advanced an argument in an appeal of a Dept. of Buildings AirBnb matter regarding whether aggravated penalties should have been imposed. The owner had been cited for alleged transient occupancy because a tenant had advertised the apartment on AirBnb, and the DOB alleged that a transient tenant had answered that advertisement.

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Kucker & Bruh, LLP Donates Computers to a Special Needs Academy in Long Island

Kucker & Bruh, LLP firmly believes that access to technology is vital to success. To support this belief with action, the firm donated several computers to The Kulanu Academy, a school devoted to ensuring that special needs children have the skills and resources they need to be fully included in all aspects of communal life. The computers were put to immediate use and have enabled the academy to promote more student-centered projects and technologically-focused learning objectives.