In New York City, residential leases generally require tenants to provide their landlords access to apartments to inspect, or to perform needed repairs and improvements. The Housing Maintenance Code prohibits tenants from refusing an owner or their agents access to an apartment to make repairs or improvements or to inspect the apartment to determine compliance Full Article…
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Adam Leitman Bailey, P.C. Defeats a Post-Eviction Order to Show and Secured a Mitchell-Lama Coop’s Right to Recover Possession of a Unit
Our client is a Mitchell-Lama Coop in Brooklyn, several of the residents are elderly and are holocaust survivors. We commenced a nonpayment eviction proceeding in Brooklyn Housing Court in November 2022, and we were able to secure a final judgment against the shareholder in May 2024. Thereafter, the shareholder’s guardian ad litem and daughter filed Full Article…
Adam Leitman Bailey, P.C. Affirms an Unusual Ruling Issued by The Supreme Court
In a matter where taking too aggressive a position can backfire, Adam Leitman Bailey, P.C. obtained an affirmance before the Appellate Division of an order of the trial court, which stayed the prosecution of a plenary action a landlord brought against its tenant, pending the resolution of the holdover proceeding the landlord had previously commenced. Full Article…
Adam Leitman Bailey, P.C. Wins Judgment of Possession and Writ of Assistance in Post-Foreclosure Supreme Court Ejectment Action
Adam Leitman Bailey, P.C. won an order and writ of assistance in the Queens County Supreme Court, directing the Sheriff to eject the home occupants after foreclosure, and to put our client into immediate and exclusive possession of the property. Representing the buyer of the private Queens home after the foreclosure sale, Adam Leitman Bailey, Full Article…
Adam Leitman Bailey, P.C. Successfully Restores Shareholder’s Children To Possession Following Her Tragic Death In Illegal Lockout Proceeding
Adam Leitman Bailey, P.C. was retained to restore the adult biological children of a deceased shareholder to possession of her Upper West Side Apartment following her sudden tragic death in Florida. Both sister and brother had resided in the apartment with their mother in the months preceding her passing as they strived to establish careers Full Article…
Adam Leitman Bailey, P.C. Obtains Possessory Judgment in Ejectment Action Based Upon Fraudulent Conspiracy
Adam Leitman Bailey, P.C. was able to obtain a possessory judgment against two defendants in an ejectment action involving a widespread fraudulent conspiracy with respect to the Low Income Housing Tax Credit Program (LIHTC) the Plaintiff Building was partaking in. The Building was developed and financed in order to comply with a Real Estate tax-exemption Full Article…
Adam Leitman Bailey, P.C. Obtains a Preliminary Injunction and an Order of Contempt Against Holdover Licensees Illegally Using a New York City Apartment as a Single Room Occupancy Dwelling and for Short-Term Occupancy
In a New York County Supreme Court ejectment action, Adam Leitman Bailey P.C., prevailed on a motion for a temporary restraining order, then obtained an order of contempt against the non-complying occupants based on their illegal and dangerous use of a Class A apartment as a de facto single room occupancy dwelling and short-term rental Full Article…
Adam Leitman Bailey, P.C. Wins Post-Foreclosure Writ of Assistance
Adam Leitman Bailey, P.C. was retained by foreclosure lender (“Plaintiff”) to commence a foreclosure auction. Adam Leitman Bailey, P.C. prosecuted the action, secured a Judgment of Foreclosure and Sale, and auctioned the property. Plaintiff was the high bidder at the sale and the property reverted to Plaintiff by referee’s deed. Although Plaintiff took ownership of the property, the Full Article…
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