Representing a New York City commercial landlord, Adam Leitman Bailey, P.C., recently obtained a marshal’s eviction of a non-paying tenant in a Civil Court proceeding and then commenced and settled a Supreme Court action for the unpaid base and additional rent.
When the tenant stopped paying rent several months before the expiration of its lease, the landlord turned to Adam Leitman Bailey, P.C., for help. We carefully reviewed the lease, served a rent demand and commenced a non-payment proceeding. The tenant retained an attorney to negotiate a settlement, but failed to appear in the case or answer the petition. We obtained a warrant of eviction. The tenant then served an Order to Show Cause seeking to vacate its default. Adam Leitman Bailey, P.C., argued that the tenant had no reasonable excuse for its default in answering and no meritorious defenses for not paying the rent. By this time the lease had expired and the tenant was holding over in the premises. The Court denied the tenant’s motion and the tenant was evicted from the premises by a New York City marshal.
The landlord retained the tenant’s security deposit, but the landlord was still owed hundreds of thousands of dollars in unpaid rent and additional rent. As the lease also provided for a higher use and occupancy rate for holding over after expiration, the tenant also owed several months of use and occupancy at the holdover rate.
Adam Leitman Bailey, P.C., commenced a Supreme Court breach of contract action against the tenant and sued the guarantor of the commercial lease for breach of the personal guaranty. After an investigation, we tracked down the guarantor and were able to serve the defendants with the summons and complaint. The tenant again retained counsel to negotiate a settlement, but the we took a firm position on the landlord’s behalf, not accepting the tenant’s low offers. When the tenant and the guarantor both failed to timely answer the complaint, we immediately moved for a default judgment. The tenant and guarantor soon reconsidered and the case was settled on favorable terms for the landlord.
Vladimir Mironenko of Adam Leitman Bailey P.C., represented the landlord in the Civil Court and Supreme Court cases.