Adam Leitman Bailey, P.C. Secures Unprecedented 30-Day Vacate Date of Commercial Premises
Adam Leitman Bailey, P.C. secures a settlement like no other.
In a commercial holdover proceeding, Adam Leitman Bailey, P.C. was tasked with evicting a commercial tenant after they failed to vacate the premises. In its normal aggressive fashion, Adam Leitman Bailey, P.C. quickly prepared its predicate notices and commenced a holdover proceeding.
The commercial tenant filed an answer riddled with affirmative defenses that were meritless. The defenses showed that the commercial tenant knew their time in the premises was set to be short lived. Adam Leitman Bailey, P.C. moved for summary judgment and dismissal of the commercial tenant’s claims.
In the summary judgment motion, Adam Leitman Bailey, P.C., demonstrated that the tenant’s key defense, a warranty of habitability claim, was baseless. In a commercial holdover proceeding, a warranty of habitability defense is unavailable. Using key legal precedent, including direct citation to Real Property Law 235-b, which clearly limits claims for repairs to residential premises, our firm picked apart the tenant’s defense.
Furthermore, the tenant alleged that our client was seeking payment of rent. This argument fell short based on a simple reading of the petition. The carefully crafted petition made it clear that our client was seeking to evict the tenant for reasons other than non-payment of rent.
To add greater pressure on the tenant, Adam Leitman Bailey, P.C., included claims for use and occupancy and attorneys’ fees in the motion, both of which are either statutorily available or directly permitted under the terms of the lease agreement. The threat of not only being evicted, but also having to pay substantial monies, achieved the result our client needed.
Less than one day after the motion was filed did the settlement offer come through. The commercial tenant was ready to bow out of the case. However, the terms were simply not good enough for our client. Adam Leitman Bailey P.C.’s offer, move out in thirty days or no settlement. The commercial tenant had no choice but to agree.
All that our client had to give up in exchange? Nothing. Not only did Adam Leitman Bailey, P.C. secure an a rapid vacate date for its client, our firm reserved every single right to pursue arrears, attorneys’ fees, and damages pursuant to the terms of the Lease and Guaranty.
Carolyn Z. Rualo, Dov A Treiman, and Caleb J. Brown secured the favorable settlement for the client.