CASE STUDIES

Back

Adam Leitman Bailey, P.C. Prevails in Favor of Rejected Cooperative Purchaser

By Jeffrey R. Metz


In a case successfully prosecuted by Adam Leitman Bailey, P.C., a foreign national who had her application for ownership in a tiny cooperative apartment building rejected now stands to recover a substantial downpayment with (9) percent interest from the date of the rejection. The owner of the unit claimed that the prospective tenant had sabotaged the interview because she had changed her mind about buying the unit because of some ambiguity as to who could occupy the apartment.  The owner also claimed that he had lost a “a million dollars” on the transaction due to changing market condition.

However, in securing summary judgment for the prospective owner, the law firm demonstrated that the owner was merely relying upon hearsay statements from some unidentified member of the interview committee regarding the interview.  Moreover, we succeeded in having the judge direct that the owner submit a supplemental affidavit attesting to the price he secured for the unit from a subsequent purchaser.  As it turned out, the owner sold the apartment from the same price, he bargained for with our client, a fact that no doubt led to a successful determination in favor of our client.

Jeffrey R. Metz represented the prospective purchaser for Adam Leitman Bailey, P.C.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS