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Adam Leitman Bailey, P.C. Creates New Law on Primary Residence Matters

In this case, one of the largest property-owning families in New York sued our client to take possession of her apartment after she abandoned her home to take care of her sick mother living in California.

Adam Leitman Bailey, P.C. prevailed at trial in addition to winning two appeals at the Appellate Term and Appellate Division. For the firm, Adam Leitman Bailey prevailed at trial and worked with Dov Treiman on the appeals.

The firm was awarded attorney fees in the action. The case received a lot of attention and on July 9, 2009, the case made the front page of the New York Law Journal which noted that the case made expanded New York law and that the “ruling marks the first time an Appellate Division panel has recognized” that caring for a sick relative is a viable defense to a non-primary residence claim by a landlord. “But the case has even larger implications as it goes against a growing number of ‘frustrating and harmful line of cases’ denying tenants recovery for full legal fees, even when they ultimately prevail on their primary claims.”

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