Adam Leitman Bailey, P.C. Prevails at Trial on Holdover Proceeding against Cooperative Shareholder’s Breach of a Conditional Limitation to Pay Maintenance Charges Pursuant to the Proprietary Lease
Adam Leitman Bailey, P.C., was retained to represent a long-standing Queens cooperative to resolve a shareholder’s failure to pay substantial maintenance charges. In cooperative housing, there is a reasonable expectation that every shareholder is held responsible for the payment of maintenance charges essential to the maintenance of the building and services provided. After a notice to cure failed to compel the shareholder to pay their maintenance charge arrears, their lease was terminated and a holdover commenced in NYC Civil Court, Housing Part for breach of their proprietary lease for failure to cure the default. After several months of court delays caused by the shareholder, Adam Leitman Bailey P.C. attorneys secured a trial date and prevailed on the merits, affording their cooperative client and remaining shareholders a right to possession and a monetary judgment for the full amount of maintenance charges owed by the defaulting shareholder.
Carolyn Rualo was the managing attorney on the proceeding, and Charles W. McMellon was the litigator for the trial. Caleb J. Brown did the resolution work, and stopped the shareholder’s delay tactics.