Attorney Jeffrey Robert Metz's Legal Cases

Real estate

Adam Leitman Bailey, P.C. Helps Tenants Escape Eviction Again

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OUTCOME:

This is an ongoing battle between fair market value tenants in a building which has undergone condominium conversation and their former landlord which is now the Sponsor. While the cases were brought a ... gainst the tenants in 2006 and 2007 they still remain in possession. The initial stage of the litigation involved the issue of whether the tenants were entitled to statutory protection under the General Business Law section 352-eeee. The Appellate Term, First Department found that they were not and granted the landlord judgments of possession. On appeal, the Appellate Division affirmed, but for different reasons. Notably, however, based upon arguments raised by this firm, concerning the procedural posture, the Appellate Division vacated the judgments and remanded the matters for consideration of the remaining defenses and claims.

Real estate

Court Rules Adam Leitman Bailey, P.C.'s Client's Security Measures Were Appropriate Under Circumstances

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OUTCOME:

This case was based on the non-delegable duty of a building owner to take reasonable steps to ensure the safety of residents and visitors to the premises. Plaintiff was a resident who had a fleeting se ... xual relationship with two women. The women saw a bag of white powder they concluded was cocaine (but was actually cassava flour) in the apartment. The two returned with three male accomplices who gained entry to the building utilizing what plaintiff alleged was a defective exterior door lock. After plaintiff partially opened his apartment door to the women, the women and their male accomplices pushed in, beat and kicked plaintiff and shot him. Plaintiff suffered very substantial injuries, hospitalization and surgeries. He still had substantial residual incapacities and disfigurement.

Real estate

Adam Leitman Bailey, P.C. Makes New Law by Holding Developer Personally Liable for Construction Defects

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OUTCOME:

A recent decision from the Kings County Commercial Division has upheld contract, warranty, and veil-piercing claims alleged against a condominium sponsor and its principal for construction defects. In ... this action, the Board of Managers, represented by Adam Leitman Bailey, PC seeks to recover damages from the condominium sponsor and its principals for various construction defects, including lack of fire stopping and defects in the window wall system that have allowed significant water infiltration into the building and units. The Sponsor and its principals moved to dismiss pursuant to CPLR 3211(a)(1), (3), and (7), CPLR 3013, CPLR 3014 and CPLR 3016(b). The decision upheld the plaintiff's claims for breach of contract and breach of warranty. Significantly, the Court upheld the claims against the Sponsor as well as its principals.

Real estate

Appellate Division Finds That Equity Will Not Intervene To Relieve Commercial Tenant

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OUTCOME:

A commercial tenant sought information on how to exercise the renewal option in its lease. When informed by the landlord to the follow the renewal provision in the lease, tenant failed to do so until a ... fter the option date expired. When the landlord brought a holdover, the tenant argued that its failure to renew was excusable and that equity should intervene to relieve it of its failure to timely renew. After a trial, the Civil Court held for the tenant. On appeal to the Appellate Term, the landlord, represented by Adam Leitman Bailey, P.C., reversed and granted judgment to the landlord. Thereafter, the Appellate Division granted the tenant leave to appeal.

Real estate

Adam Leitman Bailey, P.C. Prevails at the Appellate Division in Adverse Possession Case of First Impression

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OUTCOME:

In Hartman v. Goldman, where Adam Leitman Bailey, P.C. successfully represented the Goldmans before the Supreme Court and the Appellate Division, the Plaintiffs, adjacent property owners, claimed that ... they were entitled to adversely possess a strip of land which was on the Goldmans' property. Plaintiffs claimed that they relied on a survey obtained in 1987 when they bought their property and for more than twenty years they planted new foliage and shrubbery, landscaped the strip, mowed the lawn, and installed lights thereon. Although they later found that the survey was incorrect, they nonetheless maintained that they satisfied the elements necessary to obtain the strip by adverse possession.

Real estate

Sullivan v. Brevard Associates, 498 N.Y.S.2d 96 (1985)

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OUTCOME:

Seminal case defining tenant that led to enactment of the succession status.

Real estate

829 Seventh Avenue Co. v. Reider, 502 N.Y.S.2d 715, TLC Family 15 (1986)

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OUTCOME:

Expounded on the living with requirement for Rent Controlled Succession rights.

Real estate

Kimble v. Windsor Plaza Co., 512 N.Y.S.2d 811 (1st Dep't 1987)

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OUTCOME:

Established that attorney's fees must be proven by means of an adversarial hearing.

Real estate

Sohn v. Calderon, 579 N.Y.S.2d 940 (1991)

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OUTCOME:

Established areas where administrative agencies have exclusive jurisdiction.

Real estate

61 W. 62 Owners Corp. v. Harkness Apartment Owners Corp., 570 N.Y.S.2d 8 (1st Dep't 1991)

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OUTCOME:

Established that owner may recover possession if tenant fails to pay court ordered use and occupancy as condition to a Yellowstone injunction.

Jeffrey Robert Metz's Legal Cases (49)

Adam Leitman Bailey, P.C. Helps Tenants Escape Eviction Again

Court Rules Adam Leitman Bailey, P.C.'s Client's Security Measures Were Appropriate Under Circumstances

Adam Leitman Bailey, P.C. Makes New Law by Holding Developer Personally Liable for Construction Defects

Appellate Division Finds That Equity Will Not Intervene To Relieve Commercial Tenant

Adam Leitman Bailey, P.C. Prevails at the Appellate Division in Adverse Possession Case of First Impression

Sullivan v. Brevard Associates, 498 N.Y.S.2d 96 (1985)

829 Seventh Avenue Co. v. Reider, 502 N.Y.S.2d 715, TLC Family 15 (1986)

Kimble v. Windsor Plaza Co., 512 N.Y.S.2d 811 (1st Dep't 1987)

Sohn v. Calderon, 579 N.Y.S.2d 940 (1991)

61 W. 62 Owners Corp. v. Harkness Apartment Owners Corp., 570 N.Y.S.2d 8 (1st Dep't 1991)