In New York City, residential leases generally require tenants to provide their landlords access to apartments to inspect, or to perform needed repairs and improvements. The Housing Maintenance Code prohibits tenants from refusing an owner or their agents access to an apartment to make repairs or improvements or to inspect the apartment to determine compliance Full Article…
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Adam Leitman Bailey, P.C. Overcomes Son’s Succession Claim and Wins Holdover Proceeding and Monetary Judgment for Landlord After Trial
Representing a New York City landlord in a licensee holdover proceeding against the son of a deceased tenant of record, Adam Leitman Bailey, P.C., won a bench trial and achieved a judgment of possession and money. The tenant of record died in 2021. Our client bought the Queens building in 2023. At that time, the Full Article…
Adam Leitman Bailey, P.C., Wins Trial and $100,000 Monetary and Possessory Judgment in Residential Non-Payment Case, Overcoming Laches and Breach of Warranty of Habitability Defenses
Adam Leitman Bailey, P.C., achieved complete victory in a hard-fought Manhattan Housing Court non-payment proceeding, winning a bench trial and obtaining a greater than $100,000 monetary and possessory judgment for its landlord client, while defeating the tenant’s laches and breaches of warranty of habitability defenses. Representing the landlord-owner of a Manhattan condominium apartment housing a Full Article…
Adam Leitman Bailey, P.C. Prevails for Commercial Landlords Against Illegal Cannabis Shops
Illegal cannabis shops have been popping up all over New York City. Businesses are selling marijuana and various cannabis-related products without required licenses, including from New York’s Office of Cannabis Management. Such operations expose the landlords to liability, including, nuisance and criminal behavior around the premises interfering with other tenants; threats from various agencies such Full Article…
Adam Leitman Bailey, P.C. Wins Money Judgments in Supreme Court in Two Cases Defeating Commercial Tenants and Guarantors’ Efforts to File Late Answers
Representing two Manhattan commercial landlords, Adam Leitman Bailey, P.C. prevailed in two Supreme Court plenary actions, winning money judgments against commercial tenants and guarantors. In each case, the client entered into a commercial lease to rent a retail store in Manhattan. The lease was guaranteed by a personal good guy guaranty. Each tenant defaulted and Full Article…
Adam Leitman Bailey, P.C. Recovers Substantial Rental Arrears From A Commercial Tenant Which Violated The Payment Condition Of A Yellowstone Injunction
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…
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…
Tricky Issues Representing National Company In Long Term Lease for Vacant Land Ends Successfully
Adam Leitman Bailey, P.C. negotiated a twenty-year Lease on the Owner’s behalf with national company Energy Tenant, which finances and manages all aspects of energy storage development and operations to significantly and sustainably lower electricity bills for the commercial and industrial sector, electric cooperatives, and municipal utilities. This company also serves as a capital partner Full Article…
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