Case Studies

Back

Adam Leitman Bailey, P.C. Obtains Winning Settlement For NYC’s Best Cheesesteak Maker


Following the construction of its Financial District Outpost, ALBPC’s client –a cheesesteak maker who has been hailed as the best in New York City – general contractor filed two separate Mechanic’s Lien for allegedly unpaid construction work that was performed at the subject premises.  As in most commercial leases, the client’s lease with its landlord contained a provision whereby if a lien against the client resulting from construction work, or some other encumbrance was filed on the property, it constituted a default of the client’s lien, which in turn would allow the landlord to evict the client and forfeit its valuable leasehold.  In fact, shortly after the filing of the general contractor’s liens which clouded title to the property in question, the client’s landlord advised the client that it would place the client in default of its lease and evict the client in the event that the liens were not immediately satisfied.  In a bind and with no time to spare, the client retained ALBPC to get it out of this sticky situation.

Having to work in a hurry, ALBPC initially bonded the first Mechanic’s Lien in order to buy additional time and keeping the landlord at bay while ALBPC diligently worked out a settlement with the general contractor.  At the same time, ALBPC commissioned a large reputable engineering and consulting firm to inspect the premises to determine whether the general contractor actually completed all of the work that it was supposed to perform under the parties’ underlying AIA construction contract.

Much to ALBPC and the client’s surprise, it turned out that the general contractor failed to complete many of the work items that were called for under the contract, and completed the remaining items in a negligent and unworkmanlike manner.  Critically, the engineering report specifically citing the major construction deficiencies of the general contractor, ALBPC placed the general contractor on the defensive by threatening a lawsuit against the general contractor for, among other things, fraud and misrepresentation, while simultaneously keeping the client’s landlord apprised as to the frivolity of the subject liens in an effort to forestall an eviction proceeding.  Armed with its engineering report, ALBPC was able to speedily and successfully settle the matter on favorable terms for the client by forcing a substantial reduction of the total construction price under the contract.  Not only was ALBPC able to obtain a favorable settlement for the client, but its zealous representation that led to a swift resolution also guaranteed that it would not face the forfeiture of its valuable lease, thereby saving the client from expending significant fees and costs.

ALBPC attorneys Adam Leitman Bailey and Massimo F. D’Angelo handled the case for the client.

Related Content

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.” “We are finally at the point in time when I can say thank you so much for your phenomenal work. Your faith in this case was wise and the outcome matches.” 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 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 Brokers Win $1.2M In Six-Year-Long Commission Battle Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part II) 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