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Invoking Extremely Rarely Used and Nearly Unheard of Procedures, Adam Leitman Bailey, PC Successfully Secures a Judgment of Eviction Against a Condominium Unit Owner for Offensive and Disturbing Behavior

By Dov Treiman


On behalf of a Queens County Condominium, Adam Leitman Bailey, PC brought a Supreme Court action for ejectment and nuisance against the owner of a particular condominium unit and the owner’s son who actually occupied the unit. Over a period in excess of 2 years, the owner’s son engaged in a pattern of behavior designed to shock, humiliate, intimidate and terrorize the other residents of the Condominium. Specifically, the occupant had, on more than one occasion, exposed himself to other residents and their children, used the Condominium’s fire extinguishers to damage the other residents’ property, defaced Condominium property, yelled vile and racist epithets at other residents, threatened other residents with bodily harm, caused stenches to emanate from the unit, stole electricity from the Condominium, stole personal property from the other residents, and allowed his dog to roam free in the common areas of the Condominium. The owner’s son also invited several of his cohorts to reside with him in the condominium unit at various times. Although the occupant’s conduct caused the police to respond to the Condominium on several occasions, no criminal charges were preferred against him. Despite his offensive and intimidating conduct, his relationship to the unit owner prevented his removal from the Condominium by the police. His reign of terror continued until Adam Leitman Bailey, P.C. became involved.

Invoking extremely rarely used and nearly unheard of procedures, Adam Leitman Bailey, P.C. cited the Condominium’s Declaration and By-Laws. These prohibit any unit owner or occupant from engaging in any immoral, improper, offensive or unlawful use of the property and allow the Condominium Board to evict any unit owner in violation of the Declaration or By-Laws. At the firm’s urging, the Supreme Court of the State of New York, County of Queens, granted the Plaintiff-Board a judgment of possession and issued a writ of assistance which directed the Queens County Sheriff to evict all occupants of the unit. The Court did not grant the owner’s son a period to cure his misbehavior.

The Queens County Sheriff was tasked to enforce the judgment of possession, because the judgment issued from the Supreme Court. Although the Queens County Sheriff does not perform evictions with the frequency of the City Marshals, Adam Leitman Bailey, P.C. worked with the Queens County Sheriff’s office to ensure prompt execution of the judgment.

The occupant of the unit in question brought, by Order to Show Cause, a motion for a stay of eviction proceedings which the Court treated as a motion to vacate the default judgment. After vigorous opposition from Adam Leitman Bailey, P.C., the Court ruled in favor of the Board. The Court held that 1) the occupant had presented no evidence whatsoever to support any kind of contention that he did not engage in the unlawful, disturbing and offensive behavior described in the Board’s complaint or 2) that he has ceased the above described behavior and will not continue to engage in such behavior in the future. In its decision, the Court lifted the stay of eviction and permitted the eviction to proceed. Once again the Court did not grant the owner’s son a period to cure his misconduct.

Dov Treiman, and Courtney J. Lerias represented Adam Leitman Bailey, P.C. on the motion.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS