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 Motion For Default And Contempt, As Well As Oath Summons, Despite Eleventh Hour Retention

  • Andrew Winters, Commercial Tenant Representation, Dov Treiman, Real Estate Administrative Proceedings/Environmental Control Board, Real Estate Litigation

On a street in Harlem known worldwide for the performance and production of music, an upstart hometown music recording studio was embroiled in a dispute with its neighbor who complained the performance and production of his music was causing damages to his quality of life. The dispute heated up and litigation was commenced by the neighbor, but the studio attempted to represent itself. Lacking legal expertise and facing declining prospects of victory, the studio turned to Adam Leitman Bailey, P.C. for help. 

Upon taking this matter, attorneys for Adam Leitman Bailey, P.C. quickly learned that the studio was deep inside a juridical nightmare. Several months prior to being retained, the Court entered a temporary restraining order (“TRO”) on default against the studio enjoining any activity at the studio in violation of the noise code. With a motion pending filed by the studio’s neighbor seeking an Order of default and contempt for the studio’s alleged violation of the TRO, as well as a hearing pending before the NYC Office of Administrative Trials and Hearings (“OATH”) on a summons issued against the studio for an alleged noise complaint, the studio was in dire straits.  

Adam Leitman Bailey, P.C. attorneys jumped into action in defense of the studio and immediately commenced work on all fronts. Contractors already hired to install sound absorption materials and make other improvements to the studio to soundproof the premises were expedited. An acoustical engineer was retained and scheduled to inspect the premises upon completion of these improvements. Pleadings were drafted, alongside opposition to the pending order to show cause filed by the neighbor. Attorneys from Adam Leitman Bailey, P.C. appeared, together with representatives of the studio, to fight the summons issued against the studio.  

The first victory was achieved when OATH dismissed the summons in its entirety. Adam Leitman Bailey, P.C. attorneys successfully argued that the studio had taken several efforts to soundproof the studio and the summons was issued without sufficient evidentiary basis, as the officers from the police department issued the summons based upon testimony from the neighbor alone, without testing any noise levels emanating from the studio itself.  

The second victory came when the Court denied the neighbor’s motion for default and contempt and compelled the neighbor to accept the studio’s newly drafted answer. Attorneys at Adam Leitman Bailey, P.C. successfully argued that although the studio was in default, the studio engaged in remedial measures ever since the Court entered its TRO and the neighbor utterly failed to submit any evidence that the studio was in violation of that Order. Thus, there was no prejudice to the neighbor in compelling them to accept the late answer. Further evidence that the studio’s remedial measures were successful bolstered its arguments by demonstrating that the studio was now actually in compliance with the noise code.   

With the summons dismissed, no pending motions, and the studio’s answer deemed served on all parties, the studio is positioned to take the offensive. Attorneys from Adam Leitman Bailey, P.C. are ready to zealously continue to defend this matter to its ultimate conclusion.  

Adam Leitman Bailey P.C. attorneys Andrew Winters made the appearances before the various bodies and Dov Treiman crafted the papers. 

Read the Original Case Study here

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

  • How To Run a Board Meeting
  • Adam Leitman Bailey, P.C. Settlement Negotiations Save NYC Owner Hundreds of Thousands of Dollars in Rent Overcharge Class Action Case
  • Adam Leitman Bailey, P.C. Achieves Favorable Settlement of Construction Defects Claims Against a Sponsor
  • Adam Leitman Bailey, P.C. Defeats Order to Show Cause Seeking to Stay Housing Court Eviction Proceeding
  • Adam Leitman Bailey, P.C. Revives Judgment Resulting in Clients Recovering Over $2.5 Million from Former Friend

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 Bailey Adam Leitman Adam Leitman Bailey apartment rent Appellate Division Case Co-op board member rights Co-op issues commercial landlord commercial lease commercial tenant condominium Condominium Board contract cooperative board court of appeals Dov Treiman eviction foreclosure Foreclosure law foreclosure litigation group Home purchase Insurance John Desiderio landlord Landlord and tenant landlord law Landlord Representation Lease Lease Provision License Agreement Mortgage nonprimary residence NY state law property owner property sale Real estate real estate litigation rent Rent stabilization rent stabilized 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 © 2023. All Rights Reserved.

Powered by WordPress. Designed by Woo Themes