Nativ Winiarsky

Mr. Winiarsky a partner in the K&B firm. He is a senior attorney whose legal practice is concentrated on the practice areas of complex Supreme Court and commercial landlord-tenant litigation. He has litigated countless trials, jury and non-jury, before various forums throughout the state. Mr. Winiarsky has been in the forefront of groundbreaking law that has greatly assisted landlords throughout the city. In addition, he has argued motions and participated in multiple and various appeals in both the state and federal level. Furthermore, he has written various articles in numerous legal journals and is a regular contributor to the New York Law Journal. With an established reputation as an extremely competent and aggressive litigator, Mr. Winiarsky has quickly risen to prominence in the high-stakes litigation arena.

Mr. Winiarsky is admitted to practice before all of the trial courts and appellate courts in the state of New York. In addition, he is admitted to the bar of the Supreme Court of the United States.

Reported cases in which Mr. Winiarsky has appeared include: Christy v. Lynch, 259 A.D.2d 324, 686 N.Y.S.2d 431 (1st Dep't 1999) [rent overcharge complaint]; High Return Properties, S.A., Inc. v. Calka, 256 A.D.2d 82, 681 N.Y.S.2d 246 (1st Dep't 1998) [affirmed award of damages in favor of landlord for use and occupancy]; League of Arab States v. 4 Third Avenue Leasehold, LLC, 2002 N.Y. Misc. LEXIS (Sup. Ct., N.Y. Co. 2002) [tenant responsible for certain additional charges]; Missionary Sisters of the Sacred Heart, Inc. v. Dowling, 182 Misc.2d 1009, 703 N.Y.S.2d 362 (Civ. Ct., N.Y. Co.
2000) [rent demand signed by landlord is not subject to Fair Debt
Collection Practices Act]. Prior results do not guarantee a similar outcome.

Articles authored by Mr. Winiarsky which have been published in the New York Law Journal include the following:

• Obstacles Arise When Tenant is Foreign State, September 30, 2002.
• Board Business. [Real Estate Board] Members Play an Oft-Forgotten Fiduciary Role, July 31, 2002.
• Rent-Stabilization in Illegal-Use Buildings, April 10, 2007.

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