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Adam Leitman Bailey, P.C. Wins Non-Primary Residence Case and Attorney Fees in Victory

When a tenant sought Adam Leitman Bailey, P.C.’s help after his landlord commenced an eviction proceeding for non-primary residence, the attorneys at Adam Leitman Bailey, P.C. defended the tenant, prevailed in the case, and were awarded legal fees.

This case demonstrates the pitfalls of an aggressive attorney pushing a weak position and getting punished for it.

A tenant was sued for non-primary residence by a landlord who initiated the case based on a weak investigative report. The landlord was warned multiple times that he would not prevail and that the case should be dropped. The landlord was even allowed to withdraw after taking the deposition. The attorney’s fees were marginal at this point. However, the overly aggressive attorney refused to withdraw his weak case and continued to litigate.

The landlord’s attorney instead overreached and attempted to negotiate items that were precluded. He attempted to force a weak hand and threatened endless litigation. Instead, his overly aggressive tactic bought him a motion to dismiss and a claim for legal fees.

Instead of trying to settle, the landlord’s attorney attempted to use aggression to negotiate despite their weak case.After a hearing, the tenant was awarded virtually all the attorney’s fees. The tenant did not receive a rent increase in over three years.

Christopher Halligan and Jamie Schare Rager represented the client in court and Dov Treiman drafted the motion papers.

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