Adam Leitman Bailey, P.C. Motion to Dismiss Granted in the Commercial Part of the Civil Court of New York Against a Landlord Pursuing Collection of Disputed Rent Arrears and Nonpayment of Rent
Adam Leitman Bailey, P.C. represents a commercial franchise tenant occupying a rental space on Second Avenue in Manhattan. After a dispute between the tenant and landlord concerning the landlord’s oral promise of a rent reduction during COVID, the landlord commenced a commercial non-payment eviction proceeding against the tenant. In the tenant’s defense, an answer was submitted to the Court claiming the landlord was attempting to recoup rent monies waived curing COVID as well as several other acts that diminished the value of the leasehold. Represented by Adam Leitman Bailey PC, and exploiting a pleading mistake by landlord’s counsel, a motion to dismiss the proceeding was granted, affording the tenant time to vacate to a new location.
Dov Treiman and Charles McMellon represented the client and secured a dismissal after motion practice.