Case Studies

Back

ALBPC Twice Saves Tenant’s Business from Certain Death


Soho

A high end restaurant’s new landlord was alleging multiple defaults in the restaurant’s obligations as a tenant, and multiple legal proceedings were brought so as to process each of these alleged defaults. Various law firms were handling these various suits, but the client soon sought ALBPC to handle the entire galaxy of cases.

At the time that Adam Leitman Bailey, P.C. was retained, the restaurant had only a few hours within which to move for an injunction before its expensive leasehold terminated. ALBPC immediately obtained additional time for the restaurant and instructed the restaurant’s insurance brokers to obtain the necessary insurance policies and limits required by the restaurant’s lease. and most importantly, to have its then expired commercial general liability policy deemed retroactive by the carrier. This alone was an extraordinary accomplishment on the restaurant’s behalf, as insurance companies rarely, if ever, apply insurance coverage retroactively. Indeed, this is why, usually, if there is a lapse in a commercial tenant’s insurance coverage, the lease is dead beyond hope. Based on getting the retroactive coverage, however, ALBPC drafted emergency papers for a Yellowstone injunction, along with a Temporary Restraining Order seeking to enjoin the landlord from terminating the restaurant’s lease. ALBPC then appeared in court and successfully argued and obtained the TRO saving the restaurant, against all odds, from the forfeiture of its valuable lease.

With only minutes remaining prior to its lease being terminated for failure to timely remove a Mechanic’s Lien that one of the restaurant’s unpaid contractors filed against the landlord’s property, ALBPC performed its second miracle. The firm’s attorneys arranged an emergency conference call with the court and opposing counsel and persuaded the court to issue an order discharging the lien of record in time even though the Court lacked the formal paperwork in front of it.

For both of these miracles, ALBPC partners Dov Treiman and Massimo D’Angelo partnered, with Mr. Treiman writing the papers and Mr. D’Angelo doing the court conferences and appearances.

Adam Leitman Bailey, P.C.

NEW YORK REAL ESTATE ATTORNEYS