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Landlord Representation: Published Decisions

Adam Leitman Bailey, P.C. Wins Vindicated Victory Against 40 Year Regulated Tenant On The Basis of Nuisance
Appellate Division Finds That Equity Will Not Intervene To Relieve Commercial Tenant Of Its Failure To Timely Exercise A Lease Renewal Option: Adam Leitman Bailey, P.C. Victorious
Adam Leitman Bailey. P.C. Prevails in Commercial Lease Litigation Involving Dual Right of First Refusals Given to Two Commercial Tenants in Building
Adam Leitman Bailey Prevails in Evicting Commercial Tenant for Making Illegal Alterations and Appellate Term Denies Tenant's Application to Stay Judgment and Warrant of Eviction Pending the Determination of the Appeal
Adam Leitman Bailey, P.C. Prevails At Appellate Term Ordering Eviction of Commercial Business that Failed to Properly Follow Lease Requirements In Renewing Lease
New York Law Journal
Unanimous Verdict in Jury Trial
Tenant Can't Consolidate Warrant of Habitability Case with Nonpayment Case
Tenant Waited Too Long to Raise Claims
Tenant Can't Raise Claim in Illegal Sublet Case
Consolidation Inappropriate When Resolution of Summary Proceeding Would be Delayed
Parties' Lease Did Not Mandate 30-Day Notice Prior to Nonpayment Proceedings Initiation
Stipulation Upheld Despite Tenant's Mistake
Tenant Agreed to Move Out
Appellate Term, First Department Affirms Adam Leitman Bailey, P.C.'s Victory and Award of Attorney fees in hotly contested non-primary residence case
Adam Leitman Bailey, P.C. Succeeds in Having Tenant Arrested for Failing to Appear at Deposition
Notice to Cure Wasn't Ambiguous
Tenant's Husband Maintained Separate Residence
Despite 26-Year Tenancy, Tenant Evicted After Law Firm Proves Service was Proper and Defenses Meritless
No Delay of Subletting Case Pending DHCR Ruling
Adam Leitman Bailey, P.C. Succeeds in Proving Landlord Can Claim Tenant Uses Apartment for Commercial Purposes
Adam Leitman Bailey, P.C. Wins Case of First Impression As the First Landlord to be Awarded Attorney Fees Under the Tenant Anti-Harassment Act
New York Law Journal
First Award of Attorney Fees Under Tenant Harassment Statute
Inadvertent Sending of a Letter Should Not Result in Dismissal of a Meritorious Non-Primary Residence Action
Adam Leitman Bailey, P.C. Prevails at the Appellate Term Proving Tenant Can Have Two Homes as One Primary Residence
Inadvertent Error Will Not Lead to Lease Renewal
Verdict Is Reinstated in Apartment Succession Case
New York Law Journal
Landlord wins Jury Trial over succession claim and then Judge Tosses Verdict
Appellate Term comes to the Rescue and Affirms Jury Verdict and Eviction
Cooperative Landlord Wins Eviction In Non-Primary Residence Case: Adam Leitman Bailey, P.C. Catches Fraud
Thanks to the Beatles, Adam Leitman Bailey, P.C. Uses Aggressive and Creative Tactic to Recover Money Judgment for Landlord
Adam Leitman Bailey, P.C. Uncovers Lies to Dismiss Proceeding
Department Of Buildings Violation Dismissed For Proving Pre-Existing Condition
Adam Leitman Bailey, P.C. Wins Appeal for Hotel Developer; Demolition Termination Clause Not Tolled When Commercial Tenant Fails to Satisfy the Requirements for Obtaining a Preliminary Injunction
Commercial Tenant Who Fails to Abide by Payment Terms of Stipulation Gets Evicted
Appellate Division Makes New Law Vitiating Right To Cure in Landlord Tenant Nuisance Proceedings
Cabrini Terrace Joint Venture v. Charles O'Brien, Appellate Term
Jeffrey R. Metz victorious in case that reaffirmed that when landlord brings an unsuccessful Article 78 proceeding to challenge a fair market rent appeal, tenant may not collect legal fees pursuant to RPL 234.
Jeffrey R. Metz victorious in case of absent designated beneficiary clause, corporate tenant in a residential apartment is a non-primary resident and therefore unable to demand a renewal lease.
Jeffrey R. Metz reaffirms the validity of exculpatory clauses in commercial leases as well as the validity of a provision which shifts the obligation from landlord to tenant to obtain insurance for direct and indirect loss of earnings.
Jeffrey R. Metz victorious in trial that found charitable institution which owned two buildings did not lose exemption from Rent Stabilization and was entitled to refuse to renew leases when it determined to sell the buildings to a for profit entity.
Jeffrey R. Metz victorious in affirming judgment of possession based upon nuisance due to pounding of ceiling and screaming directed to tenant directly overhead
Adam Leitman Bailey, P.C. Defeats Landlord’s Succession Claims at Trial and is Awarded Eviction
Adam Leitman Bailey's Eviction of Commercial Restaurant and Strong Lease's Default Provision Affirmed on Appeal in Appellate Term, First Department
Adam Leitman Bailey, P.C. Saves Case Despite Failure of Company to Publish Notice of Limited Liability Company
New York Law Journal
Landlord Granted Eviction and Money Judgment Against Restaurant; Tenant Denied Rent Abatement
Adam Leitman Bailey, P.C. Wins Vindicated Victory Against Long Term Nuisance Tenant
Wrong Landlord Cited
Permit Not Required for Container
Work Doesn't Require Permit
Ex-Super Can't Delay Eviction
Jeffrey R. Metz victorious in case where tenant looked to avoid damages for removing load-bearing wall by claiming that three-year statute of limitations for negligence was controlling and matter was therefore time-barred.
Jeffrey R. Metz victorious in First Appellate Division opinion to detail what constitutes a proper demand for rent and a proper notice to cure in a commercial setting.
Jeffrey R. Metz successfully argued that court abused discretion by ordering commercial tenant, which alleged it had been partially actually evicted due to new building blocking certain parking areas.
Jeffrey R. Metz successfully demonstrated to court that plaintiffs' request for turn-over of corporation's tax returns and other sensitive financial information was inappropriate and should be subject to protective order.
Jeffrey R. Metz successfully demonstrated to Court of Appeals that in a luxury decontrol proceeding where teant was found to be over-income and subject to deregulation that DHCR's comment period could not be used to submit an amended tax return.
Jeffrey R. Metz demonstrated to Appellate Division that tenant was not entitled to Yellowstone and injunctive relief tolling period to exercise renewal option.
Jeffrey R. Metz convinces Appellate Division that the tenant had acquiesced in the space substitution thereby saving landlord approximately one million dollars over the remaining term of the lease.
Jeffrey R. Metz submitted amicus curiae brief on behalf of the Rent Stabilization Association leading to holding that Notice of Termination was sufficiently detailed to support ejectment action sounding in nuisance.
Jeffrey R. Metz victorious in reaffirming that when proposed purchaser fails to obtain mortgage loan commitment in time specified in the contract, owner can rightfully exercise option to cancel the contract.
Jeffrey R. Metz affirmed that the "4 year rule" applies to rent overcharge proceedings before DHCR.
Jeffrey R. Metz wins in case that held that prosecution of a no-pet holdover proceeding after the tenant settled an action brought against the landlord due to injuries sustained by the tenant's son in the apartment was not retaliatory in nature.
Jeffrey R. Metz victorious in case that finds that the absence of privity of contract presents no bar to a landlord obtaining use and occupancy form former sublessees of a commercial space.
Jeffrey R. Metz obtains more than two million dollars in use and occupancy arrears from holdover hospital tenant.
Jeffrey R. Metz victorious in case that found that deposit of rent into escrow as condition of obtaining Yellowstone relief did not relieve tenant from the obligation to pay interest on the rent arrears pursuant to the lease.
Jeffrey R. Metz victorious in critical commercial decision continuing the New York rule that a landlord has no duty to mitigate its damages when a tenant leaves its premises prior to the expiration of its lease.
Jeffrey R. Metz victorious in case that established that the Civil Court, rather than the Supreme Court, is the proper forum to resolve apartment succession disputes.
Jeffrey R. Metz victorious in case where tenant waived jurisdictional claim of lack of juridiction when, after judgment was entered against him on default, his attorney moved to vacate default but did not assert jurisdictional defense.
Jeffrey R. Metz victorious in case that establishes criteria to determine non-primary residence issues.
Jeffrey R. Metz victorious case that established that owner may recover possession if tenant fails to pay court ordered use and occupancy as condition to a "Yellowstone" injunction.
Jeffrey R. Metz victorious in decision that established areas where administrative agencies have exclusive jurisdiction.
Jeffrey R. Metz victorious in decision that established that attorney's fees must be proven by means of an adversarial hearing.
Jeffrey R. Metz victorious in case that expounded on the "living with" requirement for Rent Controlled Succession rights.
Jeffrey R. Metz victorious in seminal case defining "tenant" that led to enactment of the succession status.