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Adam Leitman Bailey, P.C. Prevails; Allows a Donut Store Owner to Continue Making Donuts Despite Being Locked Out by Landlord

By Dov Treiman


When a donut shop owner sought Adam Leitman Bailey P.C.‘s help after his landlord locked the shop out of its basement storage space, the attorneys at Adam Leitman Bailey, P.C. commenced litigation and prevailed over the landlord in less than 48 hours after the initial consultation. An agent of a commercial tenant operating a popular Manhattan donut shop came in to the Adam Leitman Bailey, P.C. offices on a Tuesday at 5:00 p.m. after his landlord had blocked the donut shop’s access to its basement storage space without authority and would not allow the donut shop access to the basement despite the shop’s phone calls to the landlord requesting same. 

Two legally blind people had been walking across the sidewalk in front of the tenant’s store, without using their walking canes, and one of them fell into the basement while the sidewalk-level doors were open.  In a knee-jerk reaction, the landlord locked the basement doors without so much as a warning to the tenant that used the basement for storage of all of its perishable and non-perishable supplies for operation of its donut shop. With the donut shop’s ability to operate at risk, the Landlord & Tenant department immediately drafted an emergency motion to get the case into court the very next morning. 

In court, the attorneys at Adam Leitman Bailey, P.C. convinced the judge to schedule a hearing for the next morning, Thursday, on only one day’s notice to the landlord.  Adam Leitman Bailey, P.C. prevailed in court on Thursday morning despite the landlord’s claims that the lockout was necessary to protect public safety, and the judge ordered the landlord to unlock the basement doors within hours following the hearing.

Christopher Halligan represented the firm at the hearing and Dov Treiman drafted the motion.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS