Landlord Defeats Serious City Violations to Proceed with Sale

By Adam Leitman Bailey

Landlord hired Adam Leitman Bailey, P.C. to defend him against serious City violations that alleged a failure to safely maintain exterior walls. The landlord was in the process of selling his 5- story landmark property and needed the violation to be dismissed immediately in order to move forward with the sale.

While researching applicable case law and arcane City regulations, Adam Leitman Bailey, P.C. discovered that the specific violations under which the landlord had been charged were only applicable to buildings of 6 stories or more.

At the hearing, Adam Leitman Bailey P.C. produced evidentiary evidence in the form of surveys and photographs to establish that their client’s property was only 5 stories, and that according to the existing laws the violations should be dismissed. The attorney for the City asked the judge if he could then amend the violation to include a new section. However, Adam Leitman Bailey P.C. successfully opposed this motion arguing that the City could not obtain jurisdiction over our client for what would essentially be a new violation.

Ultimately the judge agreed with Adam Leitman Bailey P.C. and dismissed the violations, praising their passionate defense and legal research skills. The landlord was able to proceed with the sale of his building without any encumbrances.

Pete Reid and Carolyn Rualo represented the landlord in this action in front of the Environmental Control Board.

Related Content

“We are finally at the point in time when I can say thank you so much for your phenomenal work. Your faith in this case was wise and the outcome matches.” “Hard work and risk pays off for closing” “ROCKSTAR. That’s what you are…Jackie…How can I thank you enough for all the work you have done…” Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender ALBPC Twice Saves Tenant’s Business from Certain Death ALBPC Releases Daughter, Mere Accommodation Signer on Lease, from Lease and Allows Her to Avoid Nonpayment Proceeding Adam Leitman Bailey, P.C. Gets $215K for Board after a Botched Common Charge Lien Foreclosure Adam Leitman Bailey, P.C.’s “Watershed Case” Changes Condominium Development Original Promissory Note Lost—Lender Satisfied UCC 3-804 and Entitled to Judgment Q&A: A Broken Shower Non-Disclosure Agreements Defend Against Fishing Expeditions Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Christopher Halligan Speaks to the New York State Bar Association on Jury Trials in Landlord – Tenant Proceedings Adam Leitman Bailey Lectures for New York State Bar Association on Easements, Adverse Possession and Arcane Laws to Overcoming Building Obstacles Adam Leitman Bailey Guest Lecturer at New York Law School’s Landlord-Tenant Class NYSBA – Removing Real Estate Development Obstacles: Zoning, Restrictive Covenants, Easements, Adverse Possession and Boundary Disputes

Adam Leitman Bailey, P.C.