By Adam Leitman Bailey and John M. Desiderio Since biblical Abraham’s purchase of his wife Sarah’s burial plot in Hebron from Ephron the Hittite, the transfer of land has been creative, predictable and repetitive.1 Despite the familiarity of such transactions, land transfers have been the subject of an inordinate amount of litigation. Of course, the Full Article…
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Q & A: The Trunk is in Their Yard, the Branches are in Yours, The New York Times
By Adam Leitman Bailey Q. I own a home that abuts property, owned by a railroad company, that has trees that are growing over my property and dropping large branches. When I contacted the company, I was told it does not clear branches from trees that grow over other owners’ property, but I could do Full Article…
Q & A: The Inquiring Mind- Renting Only to People with Paying Jobs, New York Housing Journal
By Adam Leitman Bailey Q. I want to adopt a policy of renting only to people who have paying jobs. Is this considered a violation of any fair housing laws?
The Most Influential Commercial Lease Cases in the Last Century that Every Drafter and Litigator Must Know, New York Real Property Law Journal
By Adam Leitman Bailey & Dov Treiman For almost two years, attorneys at Adam Leitman Bailey, P.C. have been compiling a list of the greatest commercial lease cases of all time. The authors have always been fans “greatest” lists—there being something special about choosing the best among so many great people, entertainers, athletes, composers, or, Full Article…
What You Must Know When Negotiating a Rooftop Antenna Contract, The Cooperator
By Adam Leitman Bailey and Dov Treiman As the trilogy of real estate values rising, building usage changing, and cellphone and Internet communications became universal, wireless telecommunications companies became popular defendants in the Commercial Part of New York’s Civil Court. Owners began examining their rooftop antenna agreements to determine means to terminate them. Many of Full Article…
Keeping Window Guard Notices, New York Apartment Law Insider
By Adam Leitman Bailey Q. I know that the city’s lead-based paint law requires me to keep the lead-based paint notices I get back from tenants for 10 years. But what about the window guard notices returned by tenants. Am I legally required to keep those returned window guard notices and, if so, for how Full Article…
How to Win Eviction Case Against Tenant Who Overcharges Roommate, New York Apartment Law Insider
If you discover that a rent-stabilized tenant is overcharging a roommate, you may be able to win the tenant’s eviction in housing court. But winning these types of eviction cases isn’t easy, says Manhattan attorney Adam Leitman Bailey. You have to prove that the tenant, in fact, has been charging the roommate more than what’s Full Article…
Pitfalls for Buyers: Careful Drafting, Detailed Inquiries Minimize Risk, New York Law Journal
By Adam Leitman Bailey and Dov Treiman Recent case law demonstrates that buyers of residential property with rent-regulated units have been blind-sided by financial risks arising from their attorneys’ ignorance of rent regulatory laws. Although many of these cases go unreported, the recent decision of Newport Partners v. DHCR,1 is typical of the hazards uninformed Full Article…