It seems like an unremarkable principle: a commercial tenant, which is in breach of its lease and has been served with a Notice to Cure, cannot then sue its landlord, and stop paying rent during the pendency of the action. This is especially true when the tenant seeks and receives a Yellowstone Injunction which tolls Full Article…
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Adam Leitman Bailey, P.C. Wins Summary Judgment of Possession and a Warrant of Eviction in Terminated Superintendent Holdover Proceeding
In New York City, building superintendents often receive free live-in apartments in buildings they service for the duration of their employment. So long as no independent landlord-tenant relationship is created, the super and their family may live in the apartment while employed. They must vacate the apartment upon the termination of their employment. A Manhattan Full Article…
Tricky Issues Representing National Company In Long Term Lease for Vacant Land Ends Successfully
Adam Leitman Bailey, P.C. negotiated a twenty-year Lease on the Owner’s behalf with national company Energy Tenant, which finances and manages all aspects of energy storage development and operations to significantly and sustainably lower electricity bills for the commercial and industrial sector, electric cooperatives, and municipal utilities. This company also serves as a capital partner Full Article…
After Setbacks with Former Counsel, Adam Leitman Bailey, P.C. Investigates and Overwhelms Court and Adversary with Evidence in Non-Primary Residence Case
The first case involved a grandfathered-in rent stabilized apartment and tenant suspected of non-primary residence and subletting for over a decade. The COOP brought several unsuccessful cases before turning to Adam Leitman Bailey, P.C. Following a comprehensive investigation, the tenant was linked to his home in Long Island, including by deeds, DMV records including car Full Article…
Adam Leitman Bailey, P.C. Wins Summary Judgment and Dismissal of Prior Owner’s Affirmative Defenses in Highly Contested Post-Foreclosure Eviction Proceeding
Representing the purchaser of a single-family Queens home after foreclosure, Adam Leitman Bailey, P.C. won summary judgment and dismissal of affirmative defenses with a judgment and warrant of eviction against the prior owner following a foreclosure sale. We commenced the summary eviction proceeding by filing a holdover petition after serving the prior owner with a requisite notice Full Article…
Adam Leitman Bailey, P.C. Wins Judgment of Possession and Writ of Assistance in Post-Foreclosure Supreme Court Ejectment Action
Adam Leitman Bailey, P.C. won an order and writ of assistance in the Queens County Supreme Court, directing the Sheriff to eject the home occupants after foreclosure, and to put our client into immediate and exclusive possession of the property. Representing the buyer of the private Queens home after the foreclosure sale, Adam Leitman Bailey, Full Article…
Adam Leitman Bailey P.C. Wins DHCR Proceeding Permitting Landlord to Decommission Rent Stabilized Tenant’s Fireplace
Representing a Manhattan landlord at the Division of Housing and Community Renewal (DHCR), Adam Leitman Bailey, P.C. obtained an order allowing the landlord to permanently decommission a residential rent-stabilized tenant’s fireplace in connection with the landlord’s construction of additional floors in the building. As a result of the landlord’s construction and the addition of several Full Article…
Representing a Mitchell-Lama Cooperative, Adam Leitman Bailey, P.C. Secures Surrender of Multiple Apartments in Non-Primary Residence Cases
Cooperative apartment buildings in New York governed by Mitchell-Lama Rules are required to ensure residents’ compliance with the rules. Akin to rent stabilization and rent control laws, shareholders must primarily reside in the apartment and may not generally sublet their apartment. When suspecting rules violations, management investigates whether unauthorized occupants are present in the apartment Full Article…
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