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Nuisance Eviction

The sponsor of a cooperative conversion retained Adam Leitman Bailey, P.C. to eliminate the problems caused by a long-term tenant in an unconverted unit with regard to that tenant’s filthy housekeeping habits, leading to vermin infestations and an ambient stench affecting both his apartment and those of other residents in the building.

Although the problem tenant had been in residence for some forty years, making courts highly reticent about ordering his eviction, the case was successfully prosecuted to a judgment of possession in favor of the landlord. Further, while New York law generally allows such tenants an opportunity to cure conditions like those in this case, Adam Leitman Bailey, P.C. was able to convince the court that the problem was the tenant himself and no cure should be allowed to attempt to prevent an eviction.

Adam Leitman Bailey, P.C. offered tenant a probationary stipulation giving it time to clean his apartment but was summarily rejected. Adam Leitman Bailey, P.C. was forced to go to trial. Since its investigative attorneys and paralegals collected photographs and video, and had numerous witnesses visit the apartment to be able to testify to the conditions, the evidence overpowered tenant’s denials. After a seven-day trial the judge ordered the tenant’s eviction.

Adam Leitman Bailey and Carolyn Rualo conducted the trial, and Dov Treiman assisted in the representation of this case.

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