Adam Leitman Bailey, P.C. Successfully Restores Shareholder’s Children To Possession Following Her Tragic Death In Illegal Lockout Proceeding

Adam Leitman Bailey, P.C. Successfully Restores Shareholder’s Children To Possession Following Her Tragic Death In Illegal Lockout Proceeding

Adam Leitman Bailey

Adam Leitman Bailey

January 13, 2023 06:42 PM

Adam Leitman Bailey, P.C. was retained to restore the adult biological children of a deceased shareholder to possession of her Upper West Side Apartment following her sudden tragic death in Florida. Both sister and brother had resided in the apartment with their mother in the months preceding her passing as they strived to establish careers in New York City. As they explained, the design and renovations their mother undertook in the apartment each entailed remnants of meaningful symbols of their childhood. Upon returning to their home shortly after their mother’s passing, the cooperative blocked access to the apartment pursuant to the direction of their uncle, the Administrator of their mother’s estate as designated in her Last Will and Testament.

Despite there existing a provision in their mother’s living trust providing that her children could enjoy any residence that became trust property following her death, rent-free, with specific reference to the subject apartment, the Cooperative Board insisted that the ultimate decision concerning the children’s occupancy of the apartment fell within its sole discretion. Moreover, their uncle, in his capacity as Administrator of the estate (with whom the children had an already strained relationship) made it clear that he sought to expeditiously sell the apartment while simultaneously having commenced an ejectment action against the children in respect of the family’s Florida residence. It was clear that their mother’s intent in crafting such a provision to be included in her revocable living trust was to protect her children’s interest in her property and to provide a financial safety net for same. Instead, the majority of control over the Estate’s assets fell with the Administrator.

In a state of despair, the children hired Adam Leitman Bailey, P.C. to commence an illegal lockout proceeding on their behalf. Adam Leitman Bailey, P.C. jumped into action and following several court appearances and conferences with the children’s Florida-based Trust and Estates counsel, was able to settle the case on extremely favorable terms including restoring the children to possession, and ultimately allowing the Administrator to sell the Apartment contingent upon his paying the rent for each child to reside in an alternate apartment of their choosing in New York City as well as moving expenses.

Adam Leitman Bailey and Jennifer Milosavljevic of the Landlord-Tenant Practice Group successfully settled this case for their client.

Related Articles


Adam Leitman Bailey Saves Upper East Cooperative From Forced NYU Combination With Neighboring University Building

by Rebecca Blackwell

When a New York resident of an iconic building was faced with a potentially devastating renovation to his beloved home, powerhouse real estate lawyer Adam Leitman Bailey tightened the knot on the loophole others said didn’t exist.

Large brownstone building with blue sky above in New York City


How To Run a Board Meeting

by Adam Leitman Bailey

Adam Leitman Bailey explains how using Robert's Rules of Order can assist with effective and productive board meetings in real estate matters.

Several people sitting in chairs around boardroom table


The Wolf Near Wall Street

by Rebecca Blackwell

When tensions among shared real estate owners reached their tipping point, Adam Leitman Bailey P.C. stepped in and solved a modern issue with an ancient remedy.

Mortgage documents on desk

Trending Articles

Whistleblower Legislation Opens the Doors for More International Claims

by Justin Smulison

An Anti-Money Laundering Act, part of a recently passed Omnibus Budget in the U.S. Senate, is expanding protection for whistleblowers both domestically and internationally.

Shadow figure in spotlight against red and blue brick wall

The Best Lawyers in South Africa™ 2023

by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

Announcing the 2023 The Best Lawyers in America Honorees

by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Best Lawyers Voting Is Now Open

by Best Lawyers

Voting has begun in several countries across the globe, including the United States, the United Kingdom and Europe. Below we offer dates, details and answers to voting-related questions to assist with the voting process.

Hands holding smartphone with five stars above phone

Best Lawyers: Ones to Watch in America for 2023

by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Rising Transfer Taxes

by Angus C. Beverly

Transfer taxes in California are becoming a statewide trend with potentially national implications. Here is a breakdown of the effects in several cities.

State of California in orange with city in backdrop

Could Reign Supreme End with the Queen?

by Sara Collin

Canada is revisiting the notion of abolishing the monarchy after Queen Elizabeth II’s passing, but many Canadians and lawmakers are questioning if Canada could, should and would follow through.

Teacup on saucer over image of Queen's eye

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

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 2023 The Best Lawyers in Canada Honorees

by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

What the Courts Say About Recording in the Classroom

by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

The Upcycle Conundrum

by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

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?

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

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


2022: Another Banner Year

by John Fields

Block O’Toole & Murphy continues to secure some of New York’s highest results for personal injury matters.

Three men in business suits standing in office