Y. David Scharf Quoted in NYLJ on Recent Dismissal in Holdout Tenant Case

Y. David Scharf was quoted in New York Law Journal’s weekly Realty Law Digest column on December 13, 2022. The article, entitled “Abuse of Process and Denial of Access,” discussed the Supreme Court, New York County’s recent dismissal of a complaint filed by Morrison Cohen client Naftali Group against attorney Adam Leitman Bailey, who is representing a “holdout” tenant in a Naftali-owned building. Naftali cited “abuse of process and tortious interference with prospective economic advantage,” based on Bailey’s conduct in the course of the representation of his client.

Naftali has long maintained that Bailey is abusing the legal system and the media in order to force a cash payout for his client, who is now the lone remaining tenant in the Upper West Side building. In the article, David stated: “The lower court’s decision if left undisturbed allows tenants and counsel to abuse a statutory scheme without monetary recourse to them for such conduct that the common law otherwise recognizes.”

Law.com subscribers, read article here.