Elliana Properties v. Victor Shkrelja
HIGHLIGHTS / JULY 2005
Tenant Arrested for Not Appearing at Pre-Trial Hearing
(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.)
Landlord sued tenant over a judgement against a lease guarantor. Tenant didn’t appear for pretrial questioning ordered by the court. Landlord then asked court to hold tenant in contempt. The court ruled for landlord and ordered tenant to pay a fine and meet certain conditions to cure the contempt. Tenant didn’t comply with the court’s further order, and landlord sought an arrest warrant. The court rule for landlord. Tenant remained in contempt of court. His failure to appear for the deposition impaired landlord’s ability to pursue its legal remedies.