Insight

Adam Leitman Bailey, P.C. Wins Judgment of Possession and Writ of Assistance in Post-Foreclosure Supreme Court Ejectment Action

Adam Leitman Bailey, P.C. Wins Judgment of Possession and Writ of Assistance in Post-Foreclosure Supreme Court Ejectment Action

Adam Leitman Bailey

Adam Leitman Bailey

January 13, 2023 05:33 PM

Adam Leitman Bailey, P.C. won an order and writ of assistance in the Queens County Supreme Court, which directed the Sheriff to eject the home occupants after foreclosure, and put our client into immediate and exclusive possession of the property.

Representing the buyer of the private Queens home after the foreclosure sale, Adam Leitman Bailey, P.C. served and exhibited the certified referee’s deed to the occupants with the requisite demands for possession. The occupants refused to vacate the home.

While the doors to the Housing Court were effectively closed during the COVID-19 pandemic, Adam Leitman Bailey, P.C. commenced an ejectment action in Supreme Court. In addition to the prior owner and known occupants, Adam Leitman Bailey, P.C. named John and Jane Doe as additional defendants and possible occupants of the home. No one answered the complaint. Adam Leitman Bailey, P.C. moved for default judgment and writ of assistance. The Court partially granted the motion by awarding judgment of possession – but initially declined to grant a writ of assistance, requesting additional proof of delivery of the judgment of foreclosure and sale from the underlying foreclosure action. Around the same time, an occupant – not previously known to our client – filed a hardship declaration in his name.

Adam Leitman Bailey, P.C. entered a judgment of possession against the initially named occupants, and re-served the judgment of foreclosure and sale. Although the summons and complaint were initially served upon John Doe, Adam Leitman Bailey, P.C. also re-served the summons and complaint personally upon the newly appearing occupant. He failed to answer.

By this time, the moratorium expired. Adam Leitman Bailey, P.C. moved for comprehensive relief including substituting the new occupant as John Doe, amending the caption and all papers accordingly, and extending the deadline for service of the summons and complaint upon him beyond the 120-day deadline from the filing of the action upon good cause or in the interests of justice. Adam Leitman Bailey, P.C. also moved for a writ of assistance against the initially named occupants upon the newly re-served judgment of foreclosure and sale, and for judgment of possession on default and a writ of assistance against the newly appearing occupant.

The Court entered a decision and order granting our motion in its entirety. Regarding amendment of the pleadings to substitute the additional defendant, the Court agreed that leave to amend should be freely granted and that Adam Leitman Bailey, P.C. demonstrated that our client performed sufficient due diligence in attempting to ascertain his identity. Regarding the request to extend the service deadline and to deem him served, the Court agreed that the relief was appropriate in the interests of justice based on the meritorious nature of the claims, the brief delay, and the diligent efforts to identify the occupant’s identity. Finally, the Court agreed that Adam Leitman Bailey, P.C. demonstrated entitlement to a writ of assistance against all occupants based on presentment of the judgment of foreclosure and sale and referee’s deed, and the occupants’ failure and refusal to vacate the property.

The Court amended the case caption to substitute the additional occupant, deemed him served, and directed the Sheriff of Queens County or a New York City Marshal to evict all occupants and to put our client into immediate and exclusive possession of the property.

Vladimir Mironenko, partner in Adam Leitman Bailey, P.C.’s Landlord Tenant and Litigation departments, represented the owner.

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Presenting the 2025 Best Lawyers Editions in Chile, Colombia, Peru and Puerto Rico


by Jennifer Verta

Celebrating top legal professionals in South America and the Caribbean.

Flags of Puerto Rico, Chile, Colombia, and Peru, representing countries featured in the Best Lawyers

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot