Andrew B. Bittens
Mr. Bittens is a partner in the K&B firm, and a senior attorney with extensive experience litigating in the New York Supreme Court and Civil Court regarding commercial and residential real estate. He also has successfully prosecuted numerous holdover and nonpayment proceedings in Civil Court as well as contract disputes and ejectment actions in Supreme Court.
In addition, Mr. Bittens is significantly involved in the firm's growing federal court practice. For example, he has successfully litigated dispositive and procedural motions on behalf of the firm's art gallery clientele and civil actions concerning creditor's rights. Mr. Bittens is a gifted legal writer and an accomplished oral advocate.
Reported cases in which Mr. Bittens has appeared include: Spanierman Gallery, PSP v. Merritt, 2003 U.S. Dist. Lexis 1444 (S.D.N.Y. 2003) [Plaintiff not prevented from proceeding due to state court judgment against third party]; Kucker v. Kaminsky & Rich, 2001 U.S. Dist. Lexis 9877 (S.D.N.Y. 2001) [Plaintiff properly chose venue where debt collection letter had been received]; Franceschi v. Mautner-Glick Corp. and King Enterprises, 22 F. Supp. 2d 250 (S.D.N.Y. 1998) [Managing agent not a debt collector subject to debtor's rights statute]; Kaminsky v. Gamache, 298 A.D.2d 361; 751 N.Y.S.2d 254 (2nd Dept. 2002) [Trial court improperly dismissed case based on release clause in contract]; 411 E.70th St., LLC v. Tsingos, 30 HCR 221, N.Y.L.J., April 25, 2002, 19:5 (A.T. 1st Dep't) [Judgment of possession affirmed where tenant engaged in subterfuge and pretended to be tenant of record]. Significant unreported cases include: Kaminsky v. Wilson, Index No. 18187/98 (Sup. Ct. Kings Co.)
(Aliotta, J., Oct. 7, 2002) [Order of ejectment after trial based on loft tenant's nonprimary residence and profiteering]. Prior results do not guarantee a similar outcome.
Legal articles to which Mr. Bittens has contributed include the following:
- Law on Tenancies in Lofts Unsettled, New York Law Journal, May 19, 2003
- Federal Courts Restrict Landlord's Ability to Collect Rent under Fair Debt Collections Practices Act, New York Law Journal, March 23, 1998.
Legal papers authored by Mr. Bittens include the following:
- Note, Cardozo Journal of International and Comparative Law, Trade Conditionality and the Crane Bill: Rewarding Caribbean Basin Nations for Human Rights Failures, Spring, 1998.
Mr. Bittens graduated from the University of Michigan with Honors (B.A., 1994), and is a graduate of the Cardozo School of Law (J.D., 1997). He is admitted to practice in all state courts in New York and New Jersey. In addition, Mr. Bittens is a member of the bar of the United States District Court for the Southern District of New York.
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