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Tenant Defeats Eviction Attempt to Turn Apartment Into Landlord’s Office

By Adam Leitman Bailey


Tenant hired Adam Leitman Bailey, P.C. to defend her from eviction from her rent regulated apartment which had been her home for nineteen years. Landlord filed an application to remove all the apartments on the ground floor from rent regulation in order to expand landlord’s office 3000 square feet and use space in question for more employees and storage. At the same time of the subject case, landlord had already started another case against the apartment next-door and successfully evicted that tenant.

Three years later the subject trial began. At trial, the landlord had its architect and comptroller take the stand. They claimed that they had already started expanding the office into the now vacant next- door apartment. These witnesses had no idea that Adam Leitman Bailey, P.C. had managed to obtain pictures of the vacant apartment showing that it in fact had not been used as an office; actually, it was filled with mold, had a falling roof and failed to contain any office equipment.

On cross- examination both witnesses were completely discredited and found to be lying when the photos were revealed. During its investigation, an Adam Leitman Bailey, P.C. paralegal secretly tape-recorded a building handyman stating that the landlord was selling the building, and other personnel stated on tape recordings that they had never seen the landlord. Adam Leitman Bailey, P. C. also secured a witness who was told that the entire space was to be converted into a restaurant.

After three days of trial, and after Adam Leitman Bailey, P.C. subpoenaed nine new witnesses to testify in tenant’s favor as well as introducing countless documentary evidence to the trial, the tenant prevailed, winning the right to remain in her apartment without worry of eviction.

The New York Times noted that “Adam Leitman Bailey fought on…grinding through excruciating detail and obscure Perry Mason moments.” Adam Leitman Bailey and Christopher Halligan represented the tenant in this action in front of the Division of Housing and Community Renewal.

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Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS