Adam Leitman Bailey, P.C. Defeats Landlord’s Non-Primary Residence Cases Via Overwhelming Presentation of Tenant’s Life and Primary Residence

By Christopher Halligan

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When a tenant sought Adam Leitman Bailey, P.C.’s help after his landlord commenced an eviction proceeding for non-primary residence, the attorneys at Adam Leitman Bailey, P.C. defended the tenant and prevailed in the case.

This case demonstrates the pitfalls of a landlord attempting to bully a tenant into leaving his home by commencing multiple cases against the tenant and ultimately getting severely punished for it.

A tenant was sued for non-primary residence by a landlord who initialed the case to bully the tenant into leaving his home and a hope that the landlord could win the war of attrition against the tenant.

A landlord purchased a building with hopes of renovating and renting out each unit for market level, an amount that was roughly four times what the tenant was paying for his rent stabilized apartment. Multiple cases were commenced against the tenant in hopes of finding one that actually stuck and would cause the tenant to vacate. The tenant, knowing the excellent reputation of Adam Leitman Bailey, P.C. sought the help of the attorneys to defend each case commenced against him by the landlord. The most recent case, a case for non-primary residence, was the landlord’s latest attempt to pummel the tenant into submission. The landlord was warned multiple times that they would not prevail and that the case should be dropped.  However, the overly aggressive landlord refused to withdraw his case and continued to litigate.

The landlord’s attorney attempted to argue that the tenant’s workplace, was in fact, his business place and that the tenant did not live in the subject premises. Almost all of the tenant’s documentation was sent to, or registered to, a different address that was not his primary residence. Despite the overwhelming documentation going elsewhere, the attorneys at Adam Leitman Bailey, P.C., through tax returns, shopping records, car registration and other bills proved instead that, though the to tenant was spending most of his time at his workplace, he was, in fact, maintaining the subject premises as his primary residence.

Instead of trying to settle, the landlord’s attorney attempted to use aggression to prevail. The attorneys at Adam Leitman Bailey, P.C. fought through the aggression and after a trial, the judge found for the tenant. The tenant will now get to remain in his home because of the attorneys at Adam Leitman Bailey, P.C.

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

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