Background:
Earlier this year, Adam Leitman Bailey, P.C. secured an absolute victory with an unprecedented multi- million-dollar settlement of multiple lawsuits. These lawsuits were brought by owners of a neighboring property to Adam Leitman Bailey, P.C.’s client in which they alleged an adverse possession claim against the client’s property, the last remaining vacant plot in a Westchester County multi-parcel subdivision.
Despite submitting multiple notices to the neighbors, without objection, at key stages of development, the neighbors claimed that they owned a portion of Adam Leitman Bailey, P.C.’s client’s parcel based on decades of purported use. After failing to wrangle a quick settlement, the neighbor filed multiple lawsuits before three different justices; (a) claiming adverse possession of the disputed portion of the neighboring property, (b) lodging a nuisance complaint about machinery noise to curtail construction and seek damages, and (c) attempting to enjoin our client and the local Westchester Township from pursuing permits or construction on the entire property (beyond the disputed area) pending resolution of the separate adverse possession lawsuit. The neighbors then harnessed the multiple suits to bring motion after motion – often at the same time – in an attempt to frustrate construction and force our client to sell the property to the neighbors at a steep discount.
Despite the behemoth of litigation in front of them, Adam Leitman Bailey, P.C. not only managed to defeat each and every motion in sharply worded decisions, it disqualified the neighbor’s initial counsel and maintained our client’s right to develop the property despite the ongoing litigation.
Finally, in the first in-person courtroom settlement conference in Westchester County since the COVID-19 pandemic began, Adam Leitman Bailey, P.C. secured an unprecedented, multi-million-dollar settlement whereby the neighbors committed to purchase our client’s entire parcel for one of the highest sales prices ever proposed in Westchester County for an undeveloped single-home parcel of its size.
Developments:
In an apparent case of buyer’s remorse, the neighbors quickly sought to renege on their purchase, realizing that they were paying much more than the property was worth. Despite the clear terms of the in-court settlement, they refused to comply in a time sensitive closing, seeking numerous concessions, representations, and warranties that were specifically prohibited by the settlement. In order to secure court intervention, Adam Leitman Bailey, P.C. meticulously documented the neighbors’ concerted efforts to back-pedal from their commitment as well as their duplicitous attempts to renegotiate promise after promise despite the clear terms of the settlement. After the initial closing date passed, through written submissions by Adam Leitman Bailey, P.C. and numerous remote conferences, the Court became equally fed-up with the neighbor’s actions and advised Adam Leitman Bailey, P.C. to move to compel settlement. After it became apparent that the neighbors would only respond to further aggressive litigation, Adam Leitman Bailey, P.C. and its clients made the difficult but necessary decision to file a substantial omnibus motion, intricately detailing every aspect of the neighbor’s intransigence with more than 30 exhibits, seeking to enforce the settlement agreement, impose sanctions on the neighbors, and force the sale to close without haste.
Within days of receiving the firm’s massive and well-documented motion to enforce, the neighbor reached out to Adam Leitman Bailey, P.C. The parties then quickly appeared for a second in-person conference. Working closely with the same justice that presided over the original settlement, the parties agreed to close within two weeks on essentially the same terms as the original settlement despite the neighbors’ attempts to, yet again, delay settlement for seemingly no other reason than their client’s spiteful attitude. In order to ensure that the neighbors would, indeed, comply this time, the Court agreed that Adam Leitman Bailey, P.C. and its client could secure the Court’s assistance without notice if the neighbors refused to close as promised. Two weeks later, the parties closed on the exact material terms Adam Leitman Bailey, P.C. had previously negotiated, including dismissal with prejudice of all three related lawsuits, releases of all claims against its client, and a multi-million dollar payout far exceeding the market.
Throughout the two and a half years of litigation, Adam Leitman Bailey, P.C.’s Supreme Court Litigation Practice Group outpaced, outmaneuvered, and outlawyered the neighbors and their counsel to secure an absolute victory for its client on all fronts.
Adam Leitman Bailey, P.C.’s Supreme Court Litigation Practice Group in this matter was led by Eric S. Askanase, Adam Leitman Bailey, and Joshua M. Filsoof. Tom Furst of the Adam Leitman Bailey, P.C. Real Estate Transaction Group handled the property sale on behalf of our client.