Adam Leitman Bailey, P.C. Wins Over Million Dollar Tenant Buyout After Demonstrating Photography Business and Residence May Coincide

By Christopher Halligan

nyc loft
When a loft tenant sought Adam Leitman Bailey, P.C.’s assistance after his landlord commenced an eviction proceeding for illegal subletting, the attorneys at Adam Leitman Bailey, P.C. defended the tenant and prevailed in the case.

This case demonstrates the hazards of a landlord attempting to torment a loft tenant into leaving his home by threatening his family and his business.

A loft tenant was sued for illegal subletting by a landlord who initiated the case based on the theory that the loft tenant could not use part of his space for his photography business.

A new landlord purchased a building with hopes of renovating and renting out each unit for market level, an amount that was roughly ten times what the loft tenant was paying for his loft apartment.  The loft tenant, knowing the exceptional reputation of Adam Leitman Bailey, P.C. sought the help of the attorneys to defend his case.

The landlord’s attorney attempted to argue that the tenant was renting out, and illegally subletting, a part of his apartment for others to use as a photography studio. To further aid his case, the landlord removed elevator access to the tenant’s clients and family and attempted to bully the loft tenant into submission by way of the elevator attendant.  The landlord was warned multiple times that they would not prevail and that the case, and the intense harassment, must end.

Soon after, the overly hostile landlord made an offer to settle, knowing that the loft tenant would not accept the deliberately low offer. The Attorneys at Adam Leitman Bailey, P.C, knowing the strength of their case, and that the tenant was not doing anything illegal, advised the tenant to reject the landlord’s offensive offer and continue to litigate.

Through discovery, the Attorneys at Adam Leitman Bailey, P.C. continued to prove that the tenant was utilizing his loft legally and was allowed to use part of his apartment for his photography business. However, the landlord refused to fold and continued to attempt to bully the tenant into submission.

Minutes from trial, the Attorneys at Adam Leitman Bailey, P.C. negotiated a buyout for the tenant of over one million dollars. This buyout was triple the previous offer by the landlord. Knowing that he could not refuse such an incredible deal, the loft tenant accepted. Not before, however, the Attorneys at Adam Leitman Bailey, P.C. negotiated the loft tenant another year and a half to stay in the subject premises as well. The lawyers at Adam Leitman Bailey, P.C. fought hard for this loft tenant and the client was extremely satisfied.

Christopher Halligan and Jamie Schare Friedland represented the client in court and at trial. Dov Treiman drafted the motion papers.

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