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Adam Leitman Bailey, P.C. Devours World’s Largest Submarine Sandwich Franchise

When a Harlem landlord needed to evict the largest national submarine franchise and its franchisee, who operated the subject space, from its building for failure to pay rent, it turned to Adam Leitman Bailey, P.C. for assistance. Prior to initiating this commercial nonpayment proceeding, Adam Leitman Bailey, P.C. had also filed a residential nonpayment proceeding against the franchisee’s principal, who resided in the same building, on behalf of the landlord.

Immediately after Adam Leitman Bailey, P.C. commenced the commercial eviction proceeding, the franchisee brought an emergent application in Supreme Court seeking a Yellowstone Injunction to stay the eviction proceeding, which are generally always granted as a matter of course to commercial tenants, and to remove the eviction proceeding to the Supreme Court. Despite the extremely liberal standard for the issuance of Yellowstone relief, Adam Leitman Bailey, P.C. successfully argued that there was no need to grant injunctive relief since the civil court, which had original jurisdiction, was the proper forum to adjudicate the eviction. Consequently, the Supreme Court denied the franchisee’s application for injunctive relief in its entirety.

Subsequently, Adam Leitman Bailey, P.C. prosecuted both the commercial and residential evictions in the lower court in summary fashion, thereby exerting significant pressure upon the tenant and franchisee. With the threat of losing its commercial space, the tenant — the largest national sub chain — capitulated by agreeing to amend the subject lease, which amendments significantly expanded the tenant’s liability, while affording the landlord much greater protections in the event of any future default. Additionally, in the face of simultaneously losing his home and his livelihood, Adam Leitman Bailey, P.C. strong armed the franchisee to sell his apartment to the landlord for a favorable sum.

Christopher Halligan litigated the matter in court and Dov Treiman prepared the settlement documents.

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