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Adam Leitman Bailey, P.C. Repeatedly Wins Access for Emergency Repairs

  • Dov Treiman, Joanna Peck

A major client of Adam Leitman Bailey, P.C. has had to endure damage to its building arising from the construction work of a large neighboring Manhattan institution. Adam Leitman Bailey, P.C. persuaded the institution to fund the repairs and the legal work entailed in keeping the client’s building safe. Adam Leitman Bailey, P.C. got the institution to post a considerable fund with Adam Leitman Bailey, P.C.’s escrow for the purpose.

However, the tenants of the affected building, while for the most part cooperative, have not been uniform in allowing the client to get the workers into the apartments in order to secure them on an emergency basis. For each of this small clique of resisting tenants, Adam Leitman Bailey, P.C. has had to craft an application to New York State Supreme Court to get court ordered access for the emergency repairs. Nearly all of the tenants, upon being informed that they were about to receive such a court order, simply dropped their objections and allowed the emergency work to proceed. However, there were some cases that simply had to go before a judge and in 100% of those cases, the judge ordered emergency access at the very first appearance before the court, saving the client the time and expense of having to further prosecute these lawsuits.

In each of these cases, the relief to the client to deal with the emergency was achieved on an overnight basis.

Adam Leitman Bailey, P.C.’s Joanna C. Peck arranged the deal with the institution and made the court appearances, and the firm’s Dov Treiman drafted the emergency papers.

Tags: Landlord Representation, License Agreements and Real Property Actions and Proceedings Law (“RPAPL) § 881 Actions, new construction litigation, New Construction Representation

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