Economic Infeasibility: Rare Defense Requires Total Cooperation of Client

By: Adam Leitman Bailey & Dov Treiman March 14th, 2007 Landlords subjected to Housing Part proceedings1 to enforce building codes, where compliance will cause severe economic distress, may attempt to defend themselves by raising the so-called “economic infeasibility” defense, the essence of which is that the cost of correcting the cited code violations is likely  Full Article…

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Despite Absence, Son Earns Succession Rights Succession Rights

By Daniel J. Curtin, Jr., Esq. Despite Absence, Son Earns Succession Rights Succession Rights H.P.D Frances Lippa, A.H.O. When the tenant of the Mitchell-Lama apartment in question died on August 6, 2003, the deceased tenant’s son sought succession rights to the apartment and had to prove that the apartment in question was his primary residence  Full Article…

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Ex-Super Can’t Delay Eviction

Issue Date: April 2006, Posted On: 4/1/2006 Ex-Super Can’t Delay Eviction Gilanco Holdings, LLC v. Henriquez: Index No. 52089/06 (Civ. Ct. NY 3/6/06; Wendt, J) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict former building superintendent after the super’s employment was terminated. The court ruled  Full Article…

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Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings

By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base  Full Article…

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Letting Go of Leases and Allowing Licenses

By: Adam Leitman Bailey & Dov Treiman May 1st, 2005 Why Licenses? Inevitably, when courts seek to readjust the balance between landowners and non-owner occupants, owners’ counsel will reach into the ancient common-law toolbox to find occupancy arrangements that give owners the panoply of rights and remedies they thought they enjoyed as landlords. In the movie Jurassic Park,  Full Article…

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Notice to Cure Wasn’t Ambiguous

Issue Date: September 2004, Posted On: 9/1/2004 Notice to Cure Wasn’t Ambiguous Acquisition America VII, LLC v. Alexis: Index No. 58270/04 (7/26/04) (Civ. Ct. NY; Fiorella, J) [6-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting, after sending tenant a ten-day  Full Article…

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Wrong Landlord Cited

Issue Date: June 2004, Posted On: 6/1/2004 Wrong Landlord Cited Frant Hotel LLC: ECB Viol. Nos. 34388519L, 34388484K & 34384806X (5/5/04) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued three violation notices on landlord’s building. The notices were addressed to prior landlord of the building. Current landlord  Full Article…

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Illegal Plumbing Installed

HIGHLIGHTS / JUNE 2004 BUILDING VIOLATIONS Issue Date: June 2004, Posted On: 6/1/2004 Illegal Plumbing Installed 435 E. 65th Corp.: ECB Viol. No. 34392444H (9/17/03) [4-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) DOB issued a violation notice to landlord for installing illegal plumbing in the kitchen of tenant’s  Full Article…

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