Adam Leitman Bailey, P.C. Wins Vindicated Victory Against Long Term Nuisance Tenant
Cabrini photo

In Cabrini Terrace Joint Venture v. O'Brien, Adam Leitman Bailey, P.C. won a judgment of eviction against a forty-year tenant who had been creating a nuisance for his neighbors through his disgusting housekeeping practices.

Located in upper Manhattan, Charles O'Brien's apartment was atrocious, the site of piles of clothing and other debris, and host to hundreds of vermin- some of whom escaped to invade neighbors' apartments as well. The smell erupting from the apartment was immediately apparent and nauseating as one stepped off the elevator.

But, Mr. O'Brien, himself an attorney who advises tenants in the Housing Court, certainly knew his way around that court and produced piles of papers in both the Housing Court itself and in the Appellate Term.

Further working to O'Brien's advantage was the court systems well documented preference for keeping long term tenants in their homes. In order to safeguard landlord's interests, Adam Leitman Bailey, P.C. had to make a showing so convincing that not only would the court or­der an eviction, but the court would not give the tenant a chance to clean up to stave off that eviction, forcing the landlord to start the proce­dure all over again in a few months.

It was therefore necessary, not only to demon­strate that the tenant himself and his witnesses were unworthy of belief, but that the landlord's witnesses were, in fact telling the truth- a suf­ficiently compelling truth to convince the court that the problem was not the apartment itself, but the tenant. This, the Adam Leitman Bailey, P.C. team of Adam Leitman Bailey, lead trial counsel, Carolyn Rualo trial support, and Dov Treiman and Bill Gellar on paperwork managed to do both on the trial level and in the subse­quent appeal.

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