Although the owner of a unit in a commercial condominium was aware of the prohibition against parking on the premises, and her proprietary lease did not permit same, she parked four cars on her premises for many years. When the Board of Directors enacted new house rules reaffirming that no unit owner had parking rights, Full Article…
Search the Library
Viewing 73 to 80 of 806 items
Winning a Loft Law Case: The Long Winding Road to Weaponing the Loft Law and Rent Stabilization Code to Finally Prevailing at Appellate Division
I previously represented a long-term resident of a Tribeca apartment in the successful appeal of a CPLR Article 78 determination permitting the building’s owner to remove the building’s only elevator from service. While the building was formerly used for manufacturing purposes, as of the 1970s, the building was residentially occupied. My client was one of Full Article…
Adam Leitman Bailey, P.C. Defeats Motion to Vacate Note of Issue That was Filed One Day Too Late
In a highly irregular and favorable decision, Adam Leitman Bailey, P.C. defeated a motion to vacate Note of Issue by Defendant in a landlord-tenant lawsuit arguing that it was filed one day after the statutory deadline to file a motion had expired. Under New York’s Uniform Rules for the Supreme Court governing civil lawsuits, litigants Full Article…
What Every Cooperative Must Know About Internal Revenue Code Section 216 (26 U.S.C. § 216)
Section 216 of the Internal Revenue Code concerns cooperative housing corporations and their tenant-shareholders. A cooperative housing corporation is a corporation with one class of outstanding stock and tenant shareholders that purchase ownership of stock in the corporation are entitled to occupy a house or unit in a building owned by the corporation for dwelling Full Article…
Managing the Ladder: An Overview of Modern Equitable Subrogation
As a follow-up to their previous article published almost 15 years ago, authors Adam Leitman Bailey and Dov Treiman discuss the law of equitable subrogation including many of the possible consequences from this doctrine in foreclosure practice. Almost 15 years ago, we authored “Split Between Departments Muddies Subrogation Doctrine” on this very page and this Full Article…
This Just In: CTA Reporting Requirement On Hold
Texas Court Grants NATIONWIDE Injunction Halting Enforcement of the Corporate Transparency Act Requirements Less Than One Month Before Reporting Deadline As we have advised all of our condo and co-op clients over the past year, the Corporate Transparency Act (CTA) became effective in January 2024. It required many businesses – including condos and co-ops – Full Article…
Closing Open Permits
Many think of due diligence as a good practice which is applicable primarily to Purchasers. However, Sellers of apartments, single-family home and commercial properties also need to be aware of the importance of early due diligence which can avoid significant issues at a later stage of the transaction. For example, it is prudent, as Seller’s Full Article…
New Bedbug Disclosure Law in New York
By Bonnie Reid Berkow A new bill introduced in the New York State Assembly amends the real property law through the addition of section 235-j to establish a landlord and lessor’s duty to notify tenants and lessees of bedbug infestations within 24 hours of discovery. The justification for the amendment was stated as follows: Bedbugs Full Article…
Twitter