Adam Leitman Bailey, P.C., achieved simultaneous execution of multiple warrants of eviction spanning two post-foreclosure holdover proceedings, successfully obtaining full possession of a single-family home in Queens following a long and difficult seven-year battle.

In 2019, the homeowner, who was the highest bidder at a foreclosure sale, hired our firm to substitute into an existing holdover proceeding against the prior owner of the home and numerous tenants and occupants living throughout the property.

The prior owner, represented by counsel, challenged the sufficiency of the predicate notice. We discontinued the case against the prior owner, served a new predicate notice exhibiting the certified referee’s deed, and commenced a new case. The prior owner filed an answer with numerous defenses, including arguing that he was also a tenant of the premises. We moved for summary judgment and dismissal of all affirmative defenses, successfully argued that he could not be both an owner and a tenant, won the motion, obtained a judgment of possession, and obtained a warrant.

However, this win was merely part of a long saga to obtain judgments of possession and warrants of eviction against numerous other occupants of the home because the owner had a revolving door of occupants in the premises.

One by one, various named respondents and other alleged occupants of the home began filing answers and orders to show cause in the first proceeding. We began picking them off by entering into stipulations of settlement, which provided for judgments of possession and warrants, winning motions for summary judgment, and winning motions for default judgment pursuant to applicable procedures immediately following COVID-19 for those respondents who failed to appear.

We accumulated multiple judgments and warrants, but additional alleged occupants continued to file orders to show cause seeking to be added to the case and asserting possessory rights.

Regarding all new occupants, we successfully argued that they had no viable defenses or claims to possession because they all moved into the premises after the filings of the notice of pendency and judgments of foreclosure and sale in the foreclosure action and after the sale of the premises, which meant that the prior owner no longer had any rights to confer. Accordingly, the court granted to us summary determination under CPLR 409(b), awarding additional judgments of possession and warrants against all new occupants.

They continued to file orders to show cause, which we opposed, finally obtaining a decision directing that the Court would not entertain any further orders to show cause.

Following numerous scheduled and failed eviction attempts, one of the respondents filed for bankruptcy to further delay eviction. The bankruptcy court realized the frivolity of the insufficient filing and dismissed the case, which ended the automatic stay associated with a bankruptcy filing.

We coordinated with a New York City Marshal to execute all warrants at once, ensuring a full vacatur of the premises and securing possession for the owner.

Co-managing partner of the landlord-tenant department at Adam Leitman Bailey, P.C., Vladimir Mironenko, represented the owner in the post foreclosure eviction proceedings.