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.

Adam Leitman Bailey PC - New York Real Estate Attorneys