Adam Leitman Bailey, P.C. Achieves Out of Court Settlement in First of its Kind Adverse Possession Action
Adam Leitman Bailey, P.C., was retained by a condominium board (“Board”) to investigate a potential adverse claim against its neighboring building, owned by an extremely prominent developer, on an ultra-exclusive part of 5th Avenue. Upon information and belief, this was the first adverse possession action related to these types of buildings on 5th Avenue.
Adam Leitman Bailey, P.C. visited the property and saw the low area parcel in the backyard of the Board’s property that was called the Pit. After visiting the Pit and conducting interviews with the board members and employees of the building, Adam Leitman Bailey, P.C. began developing the case.
While the property was technically part of the prominent developer’s property, it was located in a unique space that made it seem like it was the Board’s property. Specifically, the developer’s property was more elevated than the Board’s property, and the Pit was even further down. So, it looked like the Pit was a depressed part of the Board’s backyard.
Adam Leitman Bailey, P.C. learned that the Board maintained the Pit by cleaning and repairing it. The Board also stored materials in the Pit, including building materials such as bricks.
The developer did not utilize the Pit. In fact, the developer built a bike shed right by the edge of their backyard, which essentially blocked access to the Pit. It appeared that the developer did not even know that the Pit was part of its property, as there was no explanation why they would build a bike shed to block access to the Pit.
Based upon these facts, Adam Leitman Bailey, P.C. commenced a lawsuit against the developer seeking adverse possession of the Pit. Upon information and belief, the developer intended to knock down his building and rebuild as the Pit needed for setback purposes.
Therefore, the developer had every incentive to fight the lawsuit, and did so. A daunting discovery battle ensued that resulted in multiple depositions and motion practice.
As the case progressed, the developer understood the strengths of the case that Adam Leitman Bailey, P.C. built and entered into a settlement agreement with the Board. The out-of-court settlement was a complete victory for the Board.
Adam Leitman Bailey, Esq., John M. Desiderio, Esq., and Danny Ramrattan, Esq. at Adam Leitman Bailey, P.C. represented the building.