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Economic Infeasibility: Rare Defense Requires Total Cooperation of Client

By: Adam Leitman Bailey & Dov Treiman March 14th, 2007 Landlords subjected to Housing Part proceedings1 to enforce building codes, where compliance will cause severe economic distress, may attempt to defend themselves by raising the so-called “economic infeasibility” defense, the essence of which is that the cost of correcting the cited code violations is likely  Full Article…

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Ex-Super Can’t Delay Eviction

Issue Date: April 2006, Posted On: 4/1/2006 Ex-Super Can’t Delay Eviction Gilanco Holdings, LLC v. Henriquez: Index No. 52089/06 (Civ. Ct. NY 3/6/06; Wendt, J) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict former building superintendent after the super’s employment was terminated. The court ruled  Full Article…

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Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings

By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base  Full Article…

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Notice to Cure Wasn’t Ambiguous

Issue Date: September 2004, Posted On: 9/1/2004 Notice to Cure Wasn’t Ambiguous Acquisition America VII, LLC v. Alexis: Index No. 58270/04 (7/26/04) (Civ. Ct. NY; Fiorella, J) [6-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting, after sending tenant a ten-day  Full Article…

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Wrong Landlord Cited

Issue Date: June 2004, Posted On: 6/1/2004 Wrong Landlord Cited Frant Hotel LLC: ECB Viol. Nos. 34388519L, 34388484K & 34384806X (5/5/04) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued three violation notices on landlord’s building. The notices were addressed to prior landlord of the building. Current landlord  Full Article…

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Permit Not Required for Container

IssueDate:November2002, Posted On: 11/1/2002 Permit Not Required for Container Erica Lee Corp.: Viol. No. 109819454 (7/6/00) [1-pg. doc.] (Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, PC, attorneys for the landlord.) DOS issued a violation notice to landlord for not posting a permit for a 30-yard container. Landlord  Full Article…

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