Adam Leitman Bailey, P.C. Conceives and Executes Successful Strategy to Cancel a Notice of Pendency
In J.P. & Associates Properties Corp. v. Berel Farkas, et al., Adam Leitman Bailey, P.C.’s strategy achieved the swift cancellation of a notice of pendency. The plaintiff filed the notice of pendency on Adam Leitman Bailey, P.C.’s client’s Manhattan property alleging a breach of an agreement which called for the plaintiff to be paid a sum certain upon the sale of that property. The notice of pendency was actively jeopardizing Adam Leitman Bailey, P.C.’s client’s ability to refinance.
Attorneys at Adam Leitman Bailey, P.C. immediately conceived and executed a strategy to quickly force the cancellation of the lien.
The first move was to draft to attempt to resolve this situation without costly litigation efforts with a forceful letter advising the plaintiff that a notice of pendency could not, under these circumstances, be upheld on the basis of the plaintiff’s allegations. In drafting the letter, Adam Leitman Bailey, P.C. attorneys anticipated the plaintiff’s likely refusal.
The letter served the dual purpose of forming the basis for a motion to the court seeking sanctions and attorneys’ fees for Adam Leitman Bailey, P.C.’s client.
The plaintiff did refuse to drop the notice of pendency, and Adam Leitman Bailey, P.C. swiftly drafted an Order to Show Cause seeking not only cancellation of the notice of pendency, but also sanctions and establishing entitlement to attorneys’ fees.
After one appearance before the court, the plaintiff quickly relented and consented to the cancellation of the notice of pendency before the court could render its decision.
Colin Kaufman and an attorney from Adam Leitman Bailey, P.C. represented the owner of the Manhattan property in this matter.