Case Studies

Back

ALBPC Releases Daughter, Mere Accommodation Signer on Lease, from Lease and Allows Her to Avoid Nonpayment Proceeding


brick wall

An adult daughter had stopped living with her seriously ill mother many years ago. The mother, however, did not feel secure being the only signatory on her lease and kept insisting that her daughter sign the lease as well. The mother was living in the apartment with her rent paying roommates and her health aides, but was not paying the rent.

The daughter had no idea how bad things had gotten until a court appointed guardian for her mother informed her that there were eviction proceedings pending, eviction was soon, and there was a judgment not only against the mother, but against the daughter as well for unpaid rent.

The daughter contacted Adam Leitman Bailey, P.C. with whom she had previously dealt. The firm’s research showed that the City wanted the mother to stay in place, but the mother and daughter were not going to come up with the rent money to make that happen and the landlord had no interest in letting the daughter off the hook for the judgment and the rest of the lease.

ALBPC then brought an Order to Show Cause to have the entire case thrown out both as to the mother and as to the daughter.  ALBPC argued that the doormen and others of the landlord’s staff knew that the daughter was at most an occasional visitor and did not actually live in the apartment, and therefore any effort to serve the daughter with process at the apartment was invalid.  ALBPC then went on to argue that since the daughter was never properly made a party to the case and because the daughter was a party to the lease, she had to be made a party to the case for the case to proceed; therefore the entire case had to be thrown out.

Faced with losing the case completely, the landlord agreed to let the daughter out of the case, release the daughter from the lease, and give the daughter a full release of all claims. ALBPC’s Jamie Schare Friedland handled client communications, partner Dov Treiman drafted the winning motion, and Christopher Halligan locked up the final deal as a result.

Related Practices

Tenant Representation

Related Content

“I’ve been treated as a professional and an attorney since day one” With “Professionalism, Support, and Persistence”, ALBPC Works Hard to Keep Tax Benefits for Client “It is so nice to work with people who can become part of your work family. You are an amazing attorney, and always go above and beyond…” “Tears in my eyes as I thank God for you and your staff.” “I’ve learned so much and gained knowledge with a desire to work in the real estate department.” Adam Leitman Bailey, P.C. Successfully Defends Foreclosing Plaintiff’s Action against Motions to Vacate and Dismiss Adam Leitman Bailey, P.C. Defeats Standing Defense and Wins Summary Judgment for Foreclosing Plaintiff ALBPC Obtains Condo Deposit Refunds for Two Clients Totaling Over $10 Million, Including Interest Adam Leitman Bailey, P.C. Assists with Drafting the Foreclosure Motion Templates Promulgated for Use By Administrative Order 356/17 Adam Leitman Bailey, P.C. Provides Free Closings For All Employees Adam Leitman Bailey, P.C. Wins Judgment for Small NY Brokerage After Years-Long Court Battle ALBPC Prevails in a Complex Non-Primary Residence Case for 100-year-old Woman, Pro Bono ALBPC Prevails in a Complex Non-Primary Residence Case for 100-year-old Woman, Pro Bono ALBPC Prevails in a Complex Non-Primary Residence Case for 100-year-old Woman, Pro Bono Handling and Storing Hazardous Materials Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Adam Leitman Bailey Presents at New York State Bar Association Advanced Real Estate Topics: “Advice from a Litigator” Christopher Halligan Speaks to the New York State Bar Association on Jury Trials in Landlord – Tenant Proceedings Adam Leitman Bailey Lectures for New York State Bar Association on Easements, Adverse Possession and Arcane Laws to Overcoming Building Obstacles Adam Leitman Bailey Guest Lecturer at New York Law School’s Landlord-Tenant Class NYSBA – Removing Real Estate Development Obstacles: Zoning, Restrictive Covenants, Easements, Adverse Possession and Boundary Disputes

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS