A prominent New York City attorney wants to unmask the anonymous troll with a secret grudge who made a website solely focused on bashing his record and calling him “sleazy.”
Attorney Nativ Winiarsky filed a defamation lawsuit last week in Manhattan after he discovered the inflammatory website that calls him nasty names, cites cases he lost at on appeal, and reveals details of a disciplinary proceeding against him from more than a decade ago.
The litigator wants to shut down the webpage, which uses his full name in its URL – making the site easy to find if someone does an Internet search for the lawyer – as well as a photo of him at the top of the page.
“The website, created by Defendant(s) defames and slanders Winiarsky,” part of the suit filed on Thursday states. “The website includes statements impugning Winiarsky’s integrity, ethics, and reputation.”
Right now, the defendant is only listed as an anonymous Wix.com user.
The creator or creators of the website, which Winiarsky became aware of on Dec. 18, weaves in some harsh language skewering the longtime lawyer in between the legal decisions he lost.
“Nativ Winiarsky is a Sleazy Lawyer Who Gets Disciplined and Loses Cases,” the website crudely claims.
“Mr. Winiarsky claims, on his law firm’s website, to have ‘an established reputation as an extremely competent . . . litigator,’ but as you can see below, this arrogant fool doesn’t win them all,” the website also mockingly states.
The unidentified user or users also referred to him as “an idiot” and needles him for losing cases in the First Department and Second Department of the appellate division.
Winiarsky argued that the four court decisions listed on the website are only a snippet of his work that spans decades.
“Those decisions seem to have been chosen solely because my respective clients in those matters did not prevail in the appeals,” he said in an emailed statement to The Post, “but this selective presentation ignores the fact that I have argued at the appellate level scores of times, and a complete review of the outcome of all such matters tells a far different story than what the website is maliciously attempting to do.”
The disciplinary action against Winiarsky cited on the website dates back to 2012 when he was reprimanded for actions in two unrelated housing court cases that resulted in a public censure, which is less serious than a suspension or disbarment.
The punishment stemmed from him presenting a job opportunity to a court attorney deciding a case Winiarsky was involved in and interviewing two witnesses without the court’s permission.
“I took the result of the disciplinary decision seriously, but a single occurrence almost fifteen years ago is not reflective of who I am or how I practice, and I never had another such incident either before or after that occurrence,” he said in his email to The Post.
Winiarsky is a co-founding partner of Kucker Marino Winiarsky & Bittens LLP and focuses on commercial landlord-tenant litigation, according to his company’s website. He has been quoted in numerous news articles over the years regarding real estate issues, including in The Post.
He said in his statement he hopes by filing the lawsuit, he can figure out who is behind the menacing website.
The lawsuit, handled by another lawyer at his firm, demands the damaging content be taken down by the unidentified user or users.
“It took Mr. Winiarsky over 20 years to build his distinguished professional and personal reputation as one of New York’s top real estate attorneys,” the lawsuit argues, “and Defendant(s) defamatory and disparaging comments have caused him harm.”