Adam Leitman Bailey, P.C. is on the verge of securing a landlord’s property over hotly contested, false claims of succession by the former rent-controlled tenant’s grandson.   After three days of trial with 12 claimant witnesses in play, final closings are set so that, as appears inevitable, the Court can finally reject claimant’s specious assertions and vindicate the landlord’s rights.

Claimant’s grandmother was a longtime rent-stabilized tenant in landlord’s building, where her other family members also lived in other apartments.  When the grandmother-tenant passed away and the apartment was set to revert to the landlord, one of her grandsons suddenly claimed that he had been living with her in the subject apartment for the statutorily required time, such that he was a successor to the rent-stabilized apartment.  Evidence indicated, however, that he had actually lived in the grandmother’s family’s other apartment in the building the entire time.

At his deposition, the grandson testified under oath that he had lived there with his grandmother, and that that his brother, the tenant’s other grandson, had at no time lived with him and his grandmother in the apartment.  The grandson passed away shortly thereafter and, out of the blue, his brother came forward for the first time to claim that he had also lived his grandmother such that he was now a successor to the rent-stabilized apartment.

Thorough investigation revealed, however, that numerous DMV, voting, police and other records listed the new claimant-grandson had never listed the subject apartment as his residence during the statutory period, and further, that he had only changed his address in records after his brother died and claimant had entered the succession litigation.  Additionally, over claimant’s objections that continued through trial, Adam Leitman Bailey, P.C. was able to corner claimant into predicate testimony and then persuade the Court that the deceased brother’s deposition testimony – swearing that the claimant had not lived there – would come into evidence.  Aggressive cross examination forced claimant to reveal numerous false statements in his testimony that severely damaged his credibility – including an admission that he had lived in his family’s other apartment – before opposing counsel ineffectively attempted to “correct” the record.

In the face of fraudulent claims threatening the landlord’s property and business, Adam Leitman Bailey, P.C. undertook in-depth investigation and analysis, then developed a focused trial strategy, that paved the way for overwhelmingly compelling witness and evidentiary presentations at trial.  Adam Leitman Bailey, P.C. anticipates a complete vindication of the landlord’s rights just as soon as the final day of trial is concluded in the coming weeks.

Ben Rose of Adam Leitman Bailey, P.C. is the trial lawyer in this matter. Colin E. Kaufman did the initial investigation.