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Adam Leitman Bailey, P.C. Successfully Defends Landlord and Is Awarded a Monetary and Possessory Judgment Plus Legal Fees

By Christopher Halligan


After months of “negotiating” with his commercial tenant, the landlord had enough. He decided to enlist the team at Adam Leitman Bailey, P.C. after his tenant failed to pay rent on his commercial property. The attorneys at Adam Leitman Bailey, P.C. defended the landlord, prevailed on the case, were awarded a monetary and possessory judgment and also legal fees.

The team at Adam Leitman Bailey, P.C. commenced a nonpayment action to recover the past due rent. The tenant did not respond and defaulted. Therefore, we immediately ordered a warrant. In an attempt to gain the upper-hand, the tenant’s attorney filed a pre-answer motion to dismiss to stop our eviction. The attorneys at Adam Leitman Bailey, P.C. knew that it was time for a more aggressive route. We vehemently opposed their motion, and while waiting on the judge’s decision, commenced a second action, a conditional limitations holdover based on nonpayment of rent in an effort to put even more pressure on the tenant.

While serving the predicate notices for the holdover, the judge ordered payment for use and occupancy on the nonpayment case. The tenant violated the judge’s order and did not pay.

The tenant and their attorneys continued to play games and did not appear at the first court appearance on the holdover. The team at Adam Leitman Bailey, P.C. was prepared for this sort of deception and was prepared for an aggressive defense. We immediately proceeded with an inquest and received a judgment on the very first court appearance for the holdover. A warrant was ordered immediately.

Opposing counsel soon filed an Order to Show Cause to vacate the judgment, but due to the aggressive opposition by the team at Adam Leitman Bailey, P.C., we won and the possessory judgment stood. Now maintaining the upper-hand, the team at Adam Leitman Bailey, P.C. hurried and filed a motion for summary judgment on the nonpayment action in order to receive a money judgment while waiting for our eviction on the holdover.

While deciding, the judge ordered the tenant to pay $50,000 within the next few days. The tenant, once again, defied the judge’s Order and did not pay. Not letting the tenant get away with this, the team at Adam Leitman Bailey, P.C. quickly filed an Order to Show Cause.

Finally, only months after the nonpayment and holdover cases were first commenced, the team at Adam Leitman Bailey, P.C. prevailed in both. We received a full monetary judgment from the nonpayment, including the months of arrears accrued throughout the duration of the nonpayment action. We also were awarded legal fees.

The tenant was successfully evicted and the landlord was finally able to get what was rightfully his, due to the hard work of the team at Adam Leitman Bailey, P.C.

Christopher Halligan and Jamie Schare Friedland of Adam Leitman Bailey, P.C., represented the landlord in both the nonpayment and holdover proceedings.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS