Adam Leitman Bailey, P.C. Defeats a Post-Eviction Order to Show and Secured a Mitchell-Lama Coop’s Right to Recover Possession of a Unit
Our client is a Mitchell-Lama Coop in Brooklyn, several of the residents are elderly and are holocaust survivors. We commenced a nonpayment eviction proceeding in Brooklyn Housing Court in November 2022, and we were able to secure a final judgment against the shareholder in May 2024. Thereafter, the shareholder’s guardian ad litem and daughter filed orders to show to stay the execution of the eviction warrant. A New York City Marshal was finally able to execute the warrant on June 6, 2025. The shareholder’s daughter then filed a post-eviction Order to Show Cause to be restored to possession, claiming that she was applying to withdraw money from her 401k and additional financial assistance to satisfy the arrears. We were notified of the filing on a Friday evening at around 10:30 p.m., and the Court scheduled an appearance for the following Monday at 9:30 a.m. We were able to get the Court to reschedule the appearance to Monday afternoon. At the appearance, we opposed the shareholder’s motion, arguing that the shareholder had ample opportunities to apply for financial assistance, the shareholder presented no evidence that she applied for financial assistance, and to restore the shareholder to possession would be it inequitable and unjust to the other shareholders. Following oral argument, the Court denied the shareholder’s Order to Show Cause.
Solomon Chouicha represented the client in this case.