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Lawsuit Avoided by Creative Lawyering to Allow Client to Build Without Moving Client’s Wall

The wall of Adam Leitman Bailey, P.C.’s clients’ building encroached upon the neighbor’s Upper East Side town house property by 3-5 inches according to his lawyers. The neighbor’s attorneys provided a survey purportedly evidencing same. Instead of engaging in a multi-year and expensive lawsuit, Adam Leitman Bailey proposed getting the engineers and contractors together to come up with a solution.

At the meeting, Adam Leitman Bailey used his summer of building homes in Tzfat Israel to show the neighbor how they could build higher without having to knock down the height of his clients’ wall. A few hours of measurements and negotiations ensued. Everyone agreed that no lawsuit or knocking down the height of the town house was needed. A plan was reached.

Bottom line–the two walls could be pushed together like a party wall and everyone could reach the desired height. Just to be safe, Adam Leitman Bailey, P.C. reached agreements with the architect and contractor’s insurance company to allow it to sue them if it was sued at a later time. But, right now both neighbors are living happily ever after.

Adam Leitman Bailey represented the town house owner in this potential adverse possession case.

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