Adam Leitman Bailey, P.C. Saves Client’s Home Despite Fraud Committed Through Forged Power of Attorney

By Adam Leitman Bailey

Adam Leitman Bailey, P.C., took over this federal fraud/forgery litigation after prior counsel had been unable to make any headway toward successfully litigating the case or arriving at a settlement. Our client was the purchaser from Defendant A of a cooperative apartment next door to one she already owned. She planned to merge the two apartments as a home for herself and her partially disabled husband. Plaintiff was the former husband of Defendant A. At the time we entered the case, Plaintiff was alleging that our client was part of a conspiracy to defraud him of this portion of the marital property. The Complaint alleged that his signature on a power of attorney supposedly given by the Plaintiff to Defendant A was a forgery. Documentary discovery, depositions and our extra-judicial investigation tended to show that the allegation of forgery was true.

Also involved as co-defendants were the attorneys representing the buyer and seller, the cooperative apartment and managing agent and the notary who allegedly took plaintiff’s signature.

If proven, the allegations against our client would have exposed her to substantial damages. Even if it were shown that she was not aware of the forgery, a transfer of the apartment using a forged power of attorney would have been void, causing her to lose her intended home.

Adam Leitman Bailey, P.C. conducted a series of depositions which made clear that our client was wholly innocent of any wrongdoing and that the bulk of the liability lay with Defendant A. Through pointed and aggressive questioning,we were able to secure admissions tending to establish culpability from both the seller’s lawyer and our own transactional attorney. At the A deposition, in response to Adam Leitman Bailey P.C.’s questioning, A repeatedly invoked her Fifth Amendment privilege against self-incrimination, which was nearly conclusive evidence of her civil liability. Those depositions also established liability to our client on the part of the other co-defendants.

Additional extra-judicial investigation by Adam Leitman Bailey, P.C. revealed or confirmed evidence of A’s prior questionable activities and her substantial real estate holdings. This investigation also unearthed highly damaging prior statements of our client’s lawyer in this transaction.

Using the facts established by Adam Leitman Bailey, P.C. conducted a series of aggressive negotiations with plaintiff and co-defendants. Adam Leitman Bailey, P.C. was able to build consensus among all the parties as to the damages suffered by our client, and ultimately to negotiate a deal whereby our client received a substantial cash settlement from all her co-defendants and obtained clear title to her home.

Colin Kaufman and Adam Leitman Bailey represented the innocent apartment owner in this case.

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…” “An extremely strong skillset…in devising a strategy and getting us a successful outcome for that strategy.” “The two of you made an exceptionally strong team as a result of your complementary strengths and experience. You were extremely responsive to my interests and very accessible when I needed information or advice, and throughout the case provided a consistently high level of service.” 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 II) Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Kobyleckyj v Kobyleckyj 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.