KUCKER MARINO WINIARSKY & BITTENS - Key Persons


Alan Kucker

Job Titles:
  • Partner
  • Co - Founding Partner
  • Contributor to the New York Law Journal
Alan is a co-founding partner of Kucker Marino Winiarsky & Bittens, LLP. His legal practice is concentrated in commercial and residential real estate law, civil litigation and administrative law. He is a recognized leader in his field and is frequently called upon by other attorneys to lend his expert advice and support. Alan is a regular contributor to the New York Law Journal, New York Times, Apartment Law Insider and Landlord v. Tenant Reporter. He has appeared on television and on radio as a recognized expert in landlord and tenant law.

Andrew Bittens

Job Titles:
  • Partner
Andrew is a partner at Kucker Marino Winiarsky & Bittens, LLP and a senior attorney who is a gifted legal writer and accomplished orator. He has extensive experience litigating in the Supreme Court of the State of New York and the Civil Court in disputes concerning commercial and residential real estate. He has also successfully prosecuted numerous holdover and nonpayment proceedings in Civil Court as well as contract disputes and ejectment actions in Supreme Court of the State of New York. In addition, Andrew is significantly involved in the firm's growing federal court practice and has successfully litigated dispositive and procedural motions on behalf of the firm's art gallery clientele and civil actions concerning creditor's rights.

Brian Murphy

Job Titles:
  • Associate
Brian Murphy's practice focuses primarily on landlord-tenant litigation, commercial leasing, and administrative law. Prior to joining the firm, Brian worked at an administrative law firm in downtown Manhattan where he assisted clients with various New York City agency matters. Brian regularly represented clients at the Office of Administrative Trials and Hearings. At the state level, Brian has counseled his clients on Department of Environmental Conservation (DEC) issues such as petroleum bulk storage tanks and freshwater wetlands violations. Brian earned his undergraduate degree from the State University of New York at Cobleskill and his law degree from New York Law School. While at New York Law School, Brian was a Veteran's Justice Clinic member and an associate for the Center for International Law.

Catherine Helwig

Job Titles:
  • Partner
Catherine is a partner at Kucker Marino Winiarsky & Bittens, LLP. She is a senior attorney with extensive experience in civil litigation, including all aspects of prosecuting and defending complex civil actions in state and federal courts, from the pleading stage through the discovery process to trial. She has substantial experience with petitions for provisional and injunctive relief, procedural and substantive motions, briefing and arguing appeals and multi-jurisdictional litigation. Her practice areas primarily include general litigation, real estate litigation, business disputes, contractual disputes and administrative law.

Christopher S. McCann

Job Titles:
  • of Counsel
A Delaware native, Christopher graduated from the University of Delaware in 2001, with a B.A. in English, and earned his J.D. as an evening student at the Delaware Law School (then Widener University School of Law), in 2010, where he was a member of the Environmental and Natural Resources Law Clinic.

Craig Gambardella

Job Titles:
  • Partner
Craig Gambardella handles complex commercial and residential real estate matters with a special focus given to real estate litigation, leasing, and the overall assistance in the effective management of real property in New York City. Craig has experience negotiating and drafting commercial and residential leases, purchase and sale agreements, brokerage agreements, licenses, surrender agreements, relocation agreements, settlement agreements and "buy-out" agreements which allow clients-landlords to remove units in their buildings from under the aegis of rent-regulation. He counsels developers, landlords, and receivers of foreclosed properties with respect to the legal aspects of the day-to-day management of their assets. Craig is a frequent lecturer on various aspects of New York real estate law, specifically to groups at Cushman & Wakefield, the Community Housing Improvement Program (CHIP) and the Small Property Owners of New York (SPONY). Craig received his bachelor's degree in business administration from Fordham University and his law degree from Pace University School of Law (now, the Elizabeth Haub School of Law at Pace University). While at Pace, Craig was an associate editor of Journal of Court Innovation and participated in the American Bar Association's National Appellate Advocacy Competition.

Daniel Gewirtz

Job Titles:
  • Partner
  • Partner at Kucker
Daniel is a Partner at Kucker, Marino, Winiarsky, & Bittens, LLP, since 2019, as a senior attorney whose practice areas include representing commercial and residential landlords and tenants in New York City. He specializes in rent control law, rent stabilization, residential and commercial real estate law. His expertise includes DHCR and rent regulation (rent overcharge, decrease services, and lease complaints, as well as, deregulation and demolition applications) including the appeals of DHCR decisions at DHCR and at Supreme Court via Article 78 proceedings. His expertise also spans commercial and residential landlord tenant disputes in Housing Court, Civil Court, Supreme Court, and at DHCR, having overseen thousands of landlord tenant disputes from inception to conclusion.

Devora Mandell

Job Titles:
  • Associate
Devora Mandell focuses her practice on administrative law with a particular emphasis on residential landlord-tenant matters, which include appearing before various courts, administrative tribunals, and governmental agencies. Ms. Mandell represents landlords in appeals and various administrative proceedings, and advises property owners, managers, and developers of multi-family residential housing on regulatory, compliance, and enforcement issues. Her strong advocacy ensures her clients are provided with the resources they need to make informed decisions and achieve smart cost-effective solutions while navigating the ever-changing and complex rent stabilization and rent regulation laws. Ms. Mandell is experienced in drafting and negotiating lease agreements and handles issues of tenancy and succession claims, overcharge and harassment complaints, and filing for orders of exemption based upon substantial rehabilitation. She is adept at working with both state and local agencies to ensure compliance with rent regulation and other rental laws, and performing "due diligence" review of rent history records in anticipation of sale or purchase of apartment buildings. Ms. Mandell's pro bono projects include advocating for education-related rights of students with disabilities. During her free time, she takes great pleasure in serving as a Direct Support Professional for developmentally disabled children at Yedei Chesed Inc., and is actively involved with H.A.S.C., a non-profit supporting individuals with intellectual and developmental disabilities. Devora is admitted to practice law in the courts of the states of New York and New Jersey, and federal courts in the Southern and Eastern districts of New York, the District of New Jersey, and in Washington D.C.

Diane L. Klein

Job Titles:
  • Counsel
  • of Counsel
Diane Klein joined the firm as Of Counsel in 2022. She works in the Litigation Department handling Supreme as well as Appellate Court matters. Throughout her career, Diane has zealously represented her clients in civil litigation and has amassed expertise in broad areas of commercial litigation, Landlord/Tenant Law, Employment, and Collections Law. She regularly appears in court for arguments, hearings, trials, and appeals. Diane is a graduate of Union College and Albany Law School where she was awarded "Best Advocate" at the Benjamin Cardozo Law School Entertainment Law Moot Court Competition. Diane is admitted to the State Courts of New York, Massachusetts and Florida; and the Federal Courts in the Northern, Eastern and Southern Districts of New York and the District of Massachusetts.

Eric McAvey

Job Titles:
  • Partner
Eric has been honored to be named as a NY Metro Super Lawyers Rising Star for the last four years in 2018, 2019, 2020 and 2021.

James Marino

Job Titles:
  • Partner
  • Contributor to the Publication Landlord
James is a partner at Kucker Marino Winiarsky & Bittens, LLP, and a senior attorney whose practice areas include representing commercial and residential landlords in the City of New York. He specializes in rent control law, rent stabilization, residential real estate, and cooperative housing law. His expertise includes rent regulation including rent overcharge and service complaints, as well as luxury deregulation and demolition applications. All of the proceedings are before the Division of Housing and Community Renewal (DHCR). He also handles court appeals against the DHCR. In addition, James oversees the Major Capital Improvement (MCI) rent increase application process for clients. He handles all administrative violation matters that the firm's clients may face at the Environmental Control Board and the Department of Health. Jim Marino joined Kucker Marino Winiarsky & Bittens, LLP in 1987 and has been a partner since 1993. For more than two decades, he has been advising landlords on New York City regulatory laws. Jim handles hundreds of rent overcharge and service complaints, luxury deregulation, demolition and Major Capital Improvement (MCI) rent increase applications. Jim also regularly handles administrative violation matters before State Agencies. Jim regularly advocates for landlords in the five boroughs of New York before the DHCR, Environmental Control Board, Department of Health and Department of Housing Preservation and Development. Landlords also benefit from Jim's extensive leasing experience which includes commercial and residential space. Further, he is able to organize and manage the due diligence lease reviews often required for real estate financing transactions. Jim is a regular contributor to the publication Landlord v. Tenant, has conducted lectures at the Rent Stabilization Association, the Community Housing Improvement Program (CHIP) and has been an instructor at New York University's Real Estate Institute, conducting a course entitled "Rent Control/Rent Stabilization: Procedures and Forms." Jim was also an instructor in the HPD's Housing Education series for property owners, conducting a course titled: "Introduction to DHCR."

Jill L. Mandell

Job Titles:
  • of Counsel

Joel Shafferman

Job Titles:
  • of Counsel
  • Counsel to

John A. Passidomo

Job Titles:
  • Associate
John A. Passidomo is an Associate at Kucker Marino Winiarsky & Bittens, LLP, whose practice focuses on representing property owners in real estate matters in New York City Civil Courts and State Supreme Courts. His representative matters include commercial and residential holdover proceedings, nonpayment proceedings, and plenary actions.

Joseph Goldsmith

Job Titles:
  • Partner

Lisa Faham-Selzer

Job Titles:
  • Partner

M. David Fonseca

Job Titles:
  • of Counsel

Michael Cuttitta

Job Titles:
  • Counsel
  • of Counsel
Michael Cuttitta joined the firm as Of Counsel in 2022. As part of his practice, Mr. Cuttitta counsels owners, developers, real estate investors, and landlords, in all aspects of the New York City regulations concerning real estate, including performing due diligence review of all regulatory matters. Mr. Cuttitta also has extensive experience in litigating matters relating to rent overcharge claims, J-51 and 421-a tax benefits, before the Supreme Court and the New York State Division of Housing and Community Renewal (DHCR). He has represented his clients in proceedings before and against various agencies in Article 78 proceedings, involving overcharge allegations, exemption from regulation, substantial rehabilitation, and major capital improvement projects, amongst other issues. Mr. Cuttitta earned his Juris Doctor from Hofstra Law School where he was a member of the Hofstra Law Review, and his Bachelor of Arts from Gettysburg College. He is admitted to practice in the States of New York and New Jersey, and was named a Super Lawyer "Rising Star" in 2020.

Michael S. Bennet

Job Titles:
  • Associate

Nicholas Yokos

Job Titles:
  • Partner
Nick is a partner at Kucker Marino Winiarsky & Bittens, LLP and has extensive experience in real estate litigation and landlord-tenant litigation as well as representing coop and condo boards. Nick is also a licensed real estate broker and a Part 36 attorney eligible to serve as counsel to Receivers or to act as a Guardian. He is bilingual, speaking fluent Greek. Nick successfully completed the New York City Marathon in 2011.

Nikolaos Preponis

Job Titles:
  • Partner

Patrick Munson

Job Titles:
  • of Counsel

Rafael Dayan

Job Titles:
  • Associate
  • Associate at Kucker Marino Winiarsky
Rafael Dayan is an Associate at Kucker Marino Winiarsky & Bittens, LLP. His practice is focused on landlord-tenant litigation, and handling matters adjudicated at DHCR (rent overcharge, decrease services, and lease complaints, as well as substantial rehabilitation and demolition applications). Mr. Dayan has experience in negotiation and mediation as a former sales account executive, and uses his skills to resolve disputes, when possible and when it is in the best interest of the client to do so.

Ray Madraymootoo

Job Titles:
  • Associate
  • Senior Associate
Ray Madraymootoo joined the firm as a Senior Associate in 2023. As part of his practice, Mr. Madraymootoo counsels Owners, Developers, Real Estate Investors, and Landlords in all aspects of New York City regulations concerning Real Estate, including performing due diligence review of all regulatory matters.

Robert Moore Jr.

Job Titles:
  • Partner

Samara Geller

Job Titles:
  • Associate
  • Associate at Kucker Marino Winiarsky
Samara Geller is an Associate at Kucker Marino Winiarsky & Bittens, LLP. She is skilled in commercial litigation, real estate related law and litigation and landlord/tenant litigation. Specifically, Samara specializes in all aspects of landlord/tenant litigation, including holdover, nonpayment and HP proceedings. She has also litigated complex real estate and contractual matters in Supreme Court and in the Southern and Eastern District Bankruptcy Courts. Prior to joining Kucker Marino Winiarsky & Bittens, LLP, Samara worked for a few boutique firms practicing in Supreme Court, Housing Court and in Federal Court. Samara earned her undergraduate degree from the University of Wisconsin and her J.D. from Fordham University School of Law, where she was a member of the International Law Journal.

SUNY Buffalo

Job Titles:
  • Juris Doctor

Vladimir Favilukis

Job Titles:
  • Partner

William Halkias

Job Titles:
  • Associate
  • Associate at Kucker Marino Winiarsky
William Halkias is an Associate at Kucker Marino Winiarsky & Bittens, LLP, whose practice focuses on representing landlords in real estate matters throughout the City of New York. Bill specializes in developing practical and cost-effective litigation strategies, and regularly advocates on behalf of landlords in New York State Supreme Court and New York City Civil Court. Bill joined the firm after having worked as an associate at large national and international law firms, where he handled all phases of complex civil litigation focusing on the defense of real estate owners, managers, developers and lenders. Bill earned his undergraduate degree from the CUNY Baruch College Zicklin School of Business. He then earned his law degree from The Pennsylvania State University, Dickinson School of Law, where he served as a writer and senior editor for the Arbitration Law Review-Journal, as well as an advisor at the Happy Valley LaunchBox start-up incubator.

William Hummell

Job Titles:
  • Partner