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Adam Leitman Bailey, P.C. Wins Trial: Tenant’s Waiver and Oral Agreement Claims Dismissed; Eviction Completed Within Three Months.

By Dov Treiman


When a landlord sought Adam Leitman Bailey, P.C.’s help after his tenant exceeded the stay of his commercial lease, the attorneys at Adam Leitman Bailey, P.C. defended the landlord and swiftly prevailed on the case.

In May of 2013, the attorneys at Adam Leitman Bailey, P.C. issued a 30 Day Notice of Termination to evict a tenant whose lease had expired in August of the previous year. The tenant, however, claimed that he made a verbal agreement with the landlord that allowed him to continue to occupy the premises. He claimed that this “agreement” waived the landlord’s right to proceed pursuant to the 30-day notice.

The attorneys at Adam Leitman Bailey, P.C. quickly proved this to be false, for the lease specifically provided no such wavier. Indeed, after a speedy trial, the Court found the tenant’s conviction without merit, stating that the tenant confused settlement discussions with waiver. Not only were the attorneys at Adam Leitman Bailey, P.C. able to secure the eviction of the tenant, the judge also ruled for full arrears of the rent.

From start to finish, this case took a mere three months. Christopher Halligan represented the client in court, while Jamie Schare Friedland and Dov Treiman drafted the papers.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS