Insight

Adam Leitman Bailey, P.C. Secures Record Multi-Million-Dollar Settlement for Residential Developer

Adam Leitman Bailey, P.C. Secures Record Multi-Million-Dollar Settlement for Residential Developer

Adam Leitman Bailey

Adam Leitman Bailey

August 11, 2021 11:32 AM

Adam Leitman Bailey defeats adverse possession claim and sells entire plot of land to plaintiff.

As one of the experts in adverse possession cases in New York, I have never before seen an adverse possession case started by one party with the case ended by that party buying the land he was trying to steal. And that is exactly what happened in this case except that the adversary paid above market value for the land and set a County record per square foot for the sale’s price.

In an absolute victory for our client, a developer of a multi-parcel subdivision in Westchester County, Adam Leitman Bailey, P.C. recently secured an unprecedented multi-million-dollar settlement of multiple lawsuits making an adverse possession claim against its client’s property.

Adam Leitman Bailey, P.C.’s client spent the better portion of the last two decades planning, permitting, subdividing, and constructing a new subdivision on one of the last prime multi-parcel properties remaining in lower Westchester. Despite submitting multiple public notices to the neighbor at key stages of the development process, and as the client began the final portions of the subdevelopment, the neighbor filed multiple suits in three different courts, claiming adverse possession to a small wedge of the final property in the subdivision. The neighbor then proceeded to use this claim to being motion after motion to frustrate construction and force our client to sell the property at a sharp discount. Adam Leitman Bailey vigorously defended the client’s rights at every turn, while allowing it to continue developing the property and marketing it for a multi-million-dollar sale to prospective residential buyers.

In addition to defeating each of the neighbors’ motions for injunctive relief, after extraordinarily detailed papers and more than three hours of oral argument, Adam Leitman Bailey secured a forcefully worded opinion from the Court denying the adversary’s motion for summary judgment and calling into question the entire bases of Plaintiff’s claims. Despite the plain writing on the wall, Plaintiff only ramped up its litigation tactics, filing new motions to still try and force our client to sell him the property for a bargain price. Understanding the strength of Adam Leitman Bailey, P.C.’s defense and the potential weakness of their own claims, the opposing counsel approached to engage in settlement discussion. Although the client was willing to go to trial to secure its rights, Adam Leitman Bailey, P.C. understood that the best way to avoid further costly litigation while taking advantage of the red-hot pandemic Westchester real estate market was to potentially obtain a court-brokered settlement from the intransigent Plaintiff.

We appeared at the Westchester County Supreme Court for the first in-courtroom settlement conference in Westchester County since the beginning of the COVID-19 pandemic. After more than three hours of intense negotiation, the firm successfully secured a multi-million dollar settlement whereby the neighbor agreed to purchase the parcel that was the subject of the neighbors dispute for one of the highest prices ever paid in Westchester for an single undeveloped residential parcel. Based on the strength of its case, and with the assistance of the court, the team avoided expensive litigation and achieved a profit for the client that met their goals.

Adam Leitman Bailey, P.C. Supreme Court Litigation Group Attorneys Adam Leitman Bailey, Eric S. Askanase, and Joshua M. Filsoof secured the victory for and continue to represent the developer in this matter.

Trending Articles

The Real Camille: An Interview with Johnny Depp’s Lawyer Camille Vasquez


by Rebecca Blackwell

Camille Vasquez, a young lawyer at Brown Rudnick, sat down with Best Lawyers CEO Phillip Greer to talk about her distinguished career, recently being named partner and what comes next for her.

Camille Vasquez in office

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

Famous Songs Unprotected by Copyright Could Mean Royalties for Some


by Michael B. Fein

A guide to navigating copyright claims on famous songs.

Can I Sing "Happy Birthday" in Public?

Announcing the 2022 Best Lawyers in Canada™


by Best Lawyers

The results include an elite field of top lawyers listed in the 16th Edition of The Best Lawyers in Canada™ and 1st Edition of Best Lawyers: Ones to Watch in Canada.

Announcing the 2022 Best Lawyers in Canada™

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

How A Claim Can Create A ‘Class’ of Its Own


by Justin Smulison

One civil claim can help a victim recover, prevent others from the same harm and even save lives. Tom Connick has experienced this directly, having been at the ground floor of injury claims that have led to high-value class action settlements.

Fire Consuming Paper Money

Johnny Depp and Amber Heard: The Best Lawyers Honorees Behind the Litigation


by Gregory Sirico

Best Lawyers takes a look at the recognized legal talent representing Johnny Depp and Amber Heard in their ongoing defamation trial.

Lawyers for Johnny Depp and Amber Heard

Announcing the 2022 "Best Law Firms" Rankings


by Best Lawyers

The 2022 “Best Law Firms” publication includes all “Law Firm of the Year” recipients, national and metro Tier 1 ranked firms and editorial from thought leaders in the legal industry.

The 2022 Best Law Firms Awards

Best Lawyers: Ones to Watch – The Future of Legal Talent Looks Bright


by Justin Smulison

Best Lawyers: Ones to Watch is launching its second edition in the United States, and after talking with both a company leader and esteemed lawyers on the list, the importance of this prestigious list is evident.

Best Lawyers: Ones to Watch in America 2022

Why Cariola Díez Pérez-Cotapos Developed Its Own Legal Tech


by Best Lawyers

Juan Pablo Matus of Cariola Díez Pérez-Cotapos, 2019 "Law Firm of the Year" award for Corporate and M&A Law in Chile, discusses his firm's joint venture with Cognitiva in creating Lexnova, a legal AI system.

Cariola Díez Pérez-Cotapos Interview

Announcing the 2022 Best Lawyers™ in Australia


by Best Lawyers

The results include an elite field of top lawyers and firms.

Announcing the 2022 Best Lawyers™ in Australi

Caffeine Overload and DUI Tests


by Daniel Taylor

While it might come as a surprise, the over-consumption of caffeine could trigger a false positive on a breathalyzer test.

Can Caffeine Cause You to Fail DUI Test?

Announcing The Best Lawyers in Australia™ 2023


by Best Lawyers

The results include an elite field of top lawyers and firms from Australia.

The Best Lawyers in Australia™ 2023

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Education by Trial: Cultivating Legal Expertise in the Courtroom


by Margo Pierce

The intricacies of complex lawsuits require extensive knowledge of the legal precedent. But they also demand a high level of skill in every discipline needed to succeed at trial, such as analyzing technical reports and deposing expert witnesses.

Cultivating Legal Expertise in the Courtroom

Announcing the 2022 Best Lawyers in South Africa™


by Best Lawyers

The results include an elite field of top lawyers and firms.

Announcing 2022 Best Lawyers in South Africa