After Setbacks with Former Counsel, Adam Leitman Bailey, P.C. Investigates and Overwhelms Court and Adversary with Evidence in Non-Primary Residence Case
The first case involved a grandfathered-in rent stabilized apartment and tenant suspected of non-primary residence and subletting for over a decade. The COOP brought several unsuccessful cases before turning to Adam Leitman Bailey, P.C.
Following a comprehensive investigation, the tenant was linked to his home in Long Island, including by deeds, DMV records including car registrations, Facebook and other social media accounts, and statements made under oath in unrelated litigation. Further, apartment inspections and searches conducted by a private investigator revealed illegal subtenants.
Utilizing the information discovered, we crafted a comprehensive lease termination and non-renewal notice to the tenant and commenced a holdover proceeding. Facing a mountain of evidence against him, the tenant did not appear and the court scheduled an inquest.
To prepare, we obtained certified documents from numerous government agencies and courts, as well as worked with COOP management to conduct additional apartment inspections and non-military investigations, and coordinate testimony.
At the inquest, reviewing witness testimony and documents, the court directed final judgment of possession for our client against the tenant and all occupants and directed the issuance and execution of a warrant of eviction.
Adam Leitman Bailey, P.C. Obtains Judgment After Inquest for COOP in Failure to Assign Stock and Lease Case
In the second case, both shareholders of the cooperative apartment died, leaving the apartment with an unauthorized family member.
Pursuant to the proprietary lease and house rules, the COOP attempted to work with the occupant to assign the shares and lease, conduct a mandatory occupant admissions committee interview, and gain access to inspect the apartment. The occupant refused to cooperate.
We obtained applicable death certificates, and, through surrogates’ court procedures, obtained documentation for estate representation. We then served requisite notices to cure and termination and commenced a holdover proceeding, wherein no estate representative nor occupant appeared.
At the inquest, utilizing detailed testimony, we authenticated COOP governing documents and certified death certificates and surrogates court records. We similarly obtained a judgment of possession with direction to issue and execute a warrant of eviction.
Adam Leitman Bailey, P.C. partner Vladimir Mironenko represented the COOP in the summary proceedings to Assign Stock and Lease Case.