A call came in that a building in Brooklyn had pieces falling off of it and was in danger of harming persons using a parking facility below next door. In order to repair the building, protective equipment was needed to secure the building and the parking spaces next door. The neighbor had a price they wanted to allow access but could not agree on a number of other items. Because the parking facility was being actively used while pieces of the building continued to fall at a greater frequency and the repairs could not be done in poor weather, Adam Leitman Bailey, P.C. was thrown into emergency mode, immediately drafting an injunction, Order to Show Cause and a memorandum of law asking for emergency access into the parking facility to do necessary repairs. Within days we were assigned a judge and a court date, however, we visited the clerk to obtain an earlier date as we worried about bodily harm or death to innocent customers.
Legally, the hardest part of the case is that we were asking for the ultimate relief in our emergency application. So, we also sued in the Complaint for Article 881 asking for formal access onto their property to make repairs.
Thanksgiving weekend we received the call. An attorney for the parking facility owners was ready to allow us access after reading our papers. That weekend we negotiated all of the terms we needed to have the time and space to fix our building while having enough access so our job was not impeded by the amount of room we needed and the number of weeks, hours, and extensions when desired.
By Monday morning we had distributed a settlement agreement to our clients and then our adversary. Before our court date, we had submitted a Settlement Agreement to the judge signed by both parties and by the end of the week, our client had been working to repair the building.