Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

An online resource of real estate law articles

  • Home
  • Real Estate Q & A

Adam Leitman Bailey, P.C. Defeats Landlord’s Partial Summary Judgment Motion Amidst Overlapping Claims in Parallel Holdover Proceeding

  • Adam Leitman Bailey, Dov Treiman, Jennifer Milosavljevic, Real Estate Litigation, Tenant Representation

Adam Leitman Bailey, P.C. was retained by a tenant to defend him in a summary holdover proceeding. The proceeding, however, was far from a garden variety holdover proceeding predicated upon the termination of a long-term month-to-month tenancy. Instead, the Landlord here was so enraged by the Tenant’s exercise of his lawful right in applying for the Emergency Rental Assistance Program (ERAP), which stayed the holdover proceeding pending a final determination of the Tenant’s eligibility under the Program, that it commenced a Supreme Court Action seeking, inter alia, a money judgment for arrears that accrued prior to termination of the tenancy along with an award of attorneys’ fees.  

The manifest problem with the Landlord’s all too transparent attempt to circumvent the statutory ERAP stay was that the arrears and use and occupancy sought in the Supreme Court action were already encompassed in the Tenant’s ERAP application and the holdover petition. Nevertheless, the Tenant tendered payment for the arrears sought by the Landlord only to witness the Landlord irrationally reject the payment.  

The Supreme Court action also seeks an exorbitant $25,000,000.00 based upon the Tenant’s alleged thwarting of the Landlord’s plans to convert the subject building to condominium ownership. This forms the true basis of the dispute and has seemingly compelled the Landlord to engage in unprecedented levels of harassment in hopes that the Tenant, the sole remaining occupant of the building that has not entered into a buyout agreement with the Landlord, will simply surrender his home of the past fifteen years. The epitome of the harassment was the placement of a machine that produced a continuous, mind-numbing noise directly outside of the Tenant’s door for several weeks without cessation. Although the Landlord maintained that the machine was an “air filter” placed upon every floor upon which construction was taking place, no similar machine was found on any other floor where construction work was in progress.  

The Landlord moved for partial summary judgment on its claim for three months’ worth of rental arrears. Adam Leitman Bailey, P.C. opposed the motion arguing that it was moot given the Tenant’s tender of the amount sought in the motion and similarly, that the Landlord was in violation of centuries of law by splitting its claim between the Supreme Court action and Civil Court proceeding.   

The Court adopted Adam Leitman Bailey P.C.’s arguments, holding that litigating both the action and the holdover proceeding at the same time is a waste of judicial resources. The Court denied Landlord’s motion and in doing so, stayed the Supreme Court action pending a final determination of the holdover proceeding.  

Adam Leitman Bailey, Dov Treiman, and Jennifer Milosavljevic of the Landlord and Tenant Practice Group at Adam Leitman Bailey, P.C. secured this result for their client. 

ARTICLES BY TOPIC

  • Appellate Litigation
  • Buyouts and Sale of Apartment Lease
  • Commercial Landlord Representation
  • Commercial Leasing Services
  • Commercial Tenant Representation
  • Condominium & Cooperative Board & Building Representation
  • Condominium & Cooperative Litigation
  • Condominium & Cooperative Owner & Shareholder Representation
  • Condominium & Cooperative Representation
  • Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions
  • Division of Housing and Community Renewal (DHCR)
  • Fire and Building Violations
  • Foreclosure Litigation Group
  • Homeowner and Tenant Associations
  • Insurance Defense Litigation
  • Landlord Representation
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation
  • Mortgage Finance Practice Group
  • Purchase & Sale of Homes
  • Purchase and Sale of Multi-Family Dwellings and Buildings
  • Real Estate Administrative Proceedings/Environmental Control Board
  • Real Estate Litigation
  • Tenant Representation
  • Q & A
  • Title Insurance Claims Group

RECENT POSTS

  • Adam Leitman Bailey, P.C. Defeats Summary Judgment by Long-Term Squatter Claiming Adverse Possession to Part of its Client’s Commercial Building
  • Escaping the Default Formula at the DHCR
  • Adam Leitman Bailey, P.C. Forces Cooperative to Approve Alteration Plans and Settles Discrimination Lawsuit
  • Adam Leitman Bailey, P.C. Secures Dismissal of Claims Against Individual Sponsor Principals in a Construction Defects Litigation
  • Adam Leitman Bailey, P.C. Successfully Defeats Former Co-Op Board President’s Attempt to Enjoin Certification of Board Election Results and to Require New Election

TOP CONTRIBUTORS

Adam Leitman Bailey

Dov Treiman

John Desiderio
  • Popular
  • Comments
  • Tags
  • FDA’s Poison Prevention Packaging Rule: A Bitter Pill the FDA is Forced to Swallow
  • The New Rules of Seeking a Buyout of a Rent-Regulated Tenant
  • Rules Governing Anticipatory Repudiation of Contracts
  • New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation Part II
  • Building Sold Before Violation Notice Issued
  • Public Health and Law : Assignment Essays | Assignment Essays: […] FDA’s Poison Prevention Packaging ...
  • Public Health and Law : Solution Essays - Solution Essays: […] FDA’s Poison Prevention Packaging ...
  • Who are the parties in the case and what are their respective interests? - Excelwriters: […] FDA’s Poison Prevention Packaging ...
  • Nutritional Health Alliance v. Food and Drug Administration - Longbeach Writers: […] FDA’s Poison Prevention Packaging ...
  • Public health and law | Law homework help – Hero Papers: […] FDA’s Poison Prevention Packaging ...
Adam Leitman Bailey apartment rent Appellate Division Case Co-op board member rights Co-op issues commercial landlord commercial lease commercial tenant condominium Condominium & Cooperative Representation contract cooperative board court of appeals Dov Treiman foreclosure Foreclosure law foreclosure litigation group Home purchase Insurance Jeffrey Metz John Desiderio landlord Landlord and tenant landlord law Landlord Representation Lease Lease Provision License Agreement Mortgage New Construction Representation nonprimary residence NY state law property owner Purchase & Sale of Homes Real estate real estate litigation rent Rent stabilization rent stabilized Rosemary Liuzzo Mohamed RPAPL tenant law tenant rights violation notice

Read more from Adam Leitman Bailey

Huffington Post

The Cooperator

Apartment Law Insider

Commercial Observer

Adam Leitman Bailey, P.C.

Twitter Twitter

Follow @alb_pc on Twitter

Twitter Twitter

Follow @Aleitmanbailey on Twitter

LinkedIn

Adam Leitman Bailey on LinkedIn

Adam Leitman Bailey, P.C. on LinkedIn

Adam Leitman Bailey Articles © 2025. All Rights Reserved.

Powered by WordPress. Designed by Woo Themes