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Adam Leitman Bailey, P.C. Wins Jury Trial Evicting Tenant for Failing to Use the Premises as Primary Residence

By Dov Treiman


When a landlord sought Adam Leitman Bailey, P.C.’s help after his tenant abused his privileges of maintaining his rent stabilized apartment as his primary residence, the attorneys at Adam Leitman Bailey, P.C. successfully defended the landlord and swiftly prevailed at trial.

In April of 2011, the attorneys at Adam Leitman Bailey, P.C. issued a Combined Notice of Non-Renewal of Lease and Intention to Commence Summary Proceedings based on Non-Primary Residence. The tenant, however, claimed that he was, in fact, residing at the subject premises despite his extended stay out of the country. As such, the tenant alleged the subject premises served as his primary residence.

The attorneys at Adam Leitman Bailey, P.C. quickly proved this to be false by identifying evidence that proved that the tenant spent only a fraction of his time in New York City (approximately 21%).  After an artful cross-examination, the jury became aware of credit card statements, travel logs and passport stamps demonstrating the extended period of time the tenant spent out of the country.

Indeed, after a speedy jury trial, the jury found in favor of the landlord and determined that the tenant’s allegations were without merit, finding that the subject premises were not the tenant’s primary residence. The jury came to this conclusion after only two days of deliberation.

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

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Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS