After Adam Leitman Bailey, P.C. secured the eviction of a non-paying tenant, Adam Leitman Bailey, P.C. brought an action in Supreme Court on behalf of a landlord against the guarantors of the tenant’s lease.
Rather than allowing the case to drag out through court conferences and discovery, almost immediately after receiving the guarantors’ answer to the complaint, Adam Leitman Bailey, P.C. moved for summary judgment. Adam Leitman Bailey, P.C. argued that all of the proof of the guarantors’ liability was already available: as part of its motion, Adam Leitman Bailey, P.C. submitted the underlying lease agreement and the guaranty, conclusive evidence of the tenant’s failure to make payments in accordance with the terms of the lease, and the failure of the guarantors to so the same.
Adam Leitman Bailey, P.C. was also able to handily dismiss with the affirmative defenses raised by the guarantors. The two major defenses raised by the guarantors were: (a) constructive eviction of the tenant; and (b) failure to seek payment first from the tenant. With respect to the constructive eviction defense, Adam Leitman Bailey, P.C. established that this defense failed for two reasons. First, New York case law is abundantly clear that in order for a tenant to succeed in maintaining a defense of constructive eviction for its non-payment of rent, the tenant must have abandoned the premises. In this case, the tenant remained in the premises for nearly six months after the tenant stopped paying rent. Second, the tenant failed to comply with the provision of the lease requiring the tenant to give the landlord notice of any defective conditions in the unit. The landlord was never notified of any damages or defects in the premises or given an opportunity to repair any such alleged damages or defects.
With respect to the guarantors’ argument that the landlord was required to first seek payment from the tenant, the guaranty specifically provided that it “may be enforced without the necessity of resorting to or exhausting any other security or remedy, and without the necessity at any time of having recourse to tenant or of making tenant a party to any action or suit brought against the Guarantor.” Since the parties are bound by the clear and unambiguous terms of their agreement, this defense was without merit.
Adam Leitman Bailey, P.C. was able to secure a victory on its motion for summary judgment from the bench because of the strength of its arguments. Consequently, the court granted Adam Leitman Bailey, P.C.’s motion immediately.
Through the zeal and exceptional litigation skills, Adam Leitman Bailey, P.C. secured a favorable judgment in a Supreme Court matter within six months and without the costs and expenses of extensive litigation.
Courtney J. Lerias represented Adam Leitman Bailey, P.C. in this matter.
