It seems like an unremarkable principle: a commercial tenant, which is in breach of its lease and has been served with a Notice to Cure, cannot then sue its landlord, and stop paying rent during the pendency of the action. This is especially true when the tenant seeks and receives a Yellowstone Injunction which tolls Full Article…
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Adam Leitman Bailey, P.C. Client Receives “Probable Cause” Ruling Determined after Failing to Pay Commissions Owed and Committing Unlawful Racial Discrimination
Adam Leitman Bailey, P.C. succeeded in obtaining, for its client in a civil rights proceeding, a finding of probable cause that the client’s former employers, a high-end residential real estate brokerage company and two related companies, discriminated against the client in violation of New York state employment discrimination law. Adam Leitman Bailey, P.C. represented a Full Article…
Despite Throwing the Kitchen Sink, Knives and Tables at the Landlord, Dinner is No Longer Being Served at This Restaurant —Eviction Ordered and Effectuated
In the realm of commercial real estate, disputes between landlords and tenants regarding nonpayment of rent can be intricate and demanding. The attorneys here at Adam Leitman Bailey, P.C. take pride in assessing these intricacies and obtaining favorable results for their clients. Representing the landlord in a commercial nonpayment proceeding against a restaurant tenant, and Full Article…
Adam Leitman Bailey, P.C. Prevails on Motion for Summary Judgment Against Commercial Tenant in Supreme Court Ejectment Action Under RPAPL Article 6
Through creative lawyering, Adam Leitman Bailey, P.C. found yet another way to win for its client. In this matter, Adam Leitman Bailey, P.C. was faced with a difficult situation while in midst of Covid—Adam Leitman Bailey, P.C.’s client, the landlord of a commercial property in Nassau County (the “Premises”), was at the mercy of its Full Article…
Mission Impossible: Securing Almost 2 Million Dollars From a Convicted Felon to Payoff Claims Owed to Commercial Lender
In the life of a title litigator, you want to be challenged and have interesting cases where you are asked to use your best skills to prevail. We were delighted to be told that this claim required the most aggressive, street-smart law firm on the Fortune 500 companies attorney list and we could not feel Full Article…
Adam Leitman Bailey, P.C. Wins a Case of First Impression Under FAPA, Protecting its Client’s Mortgage in a Murky Legal Climate for Lender’s Rights
Adam Leitman Bailey, P.C. was retained by a lender to navigate through the ever-changing foreclosure laws and save the lender’s ability to foreclose. The lender’s foreclosure action was commenced in 2017. The lender moved for summary judgment, and the borrower cross-moved to dismiss, arguing that, per the Second Department’s holding in Bank of America, N.A. Full Article…
Adam Leitman Bailey, P.C. Wins Summary Judgment of Possession and a Warrant of Eviction in Terminated Superintendent Holdover Proceeding
In New York City, building superintendents often receive free live-in apartments in buildings they service for the duration of their employment. So long as no independent landlord-tenant relationship is created, the super and their family may live in the apartment while employed. They must vacate the apartment upon the termination of their employment. A Manhattan Full Article…
Adam Leitman Bailey Files Lawsuit, Settles Emergency Case Providing Fortune 10 Company with Access to Repair Building While Accessing Neighbor’s Property
A call came in that a building in Brooklyn had pieces falling off of it and was in danger of harming persons using a parking facility below next door. In order to repair the building, protective equipment was needed to secure the building and the parking spaces next door. The neighbor had a price they Full Article…
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