By Adam Leitman Bailey and John M. Desiderio Too many tenants’ businesses have suffered severe financial consequences or lost leases as a result of poorly drafted provisions. Therefore, it is imperative that tenants negotiate better commercial leases in order to protect their interests. The suggestions in this article provide proposed remedies for a few of Full Article…
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Appellate Division Rules on Commercial Leasing
By Adam Leitman Bailey and Jeffrey R. Metz Many times, cooperatives and condominiums have commercial retail spaces connected to or below their building. These are immensely valuable as a result of the income generated by these stores and restaurants. Ergo, the importance of a new decision from the Appellate Division. Two decades ago, New York Full Article…
Rent Stabilization Constitutional? Not Now
By: Adam Leitman Bailey & Dov Treiman March 20th, 2012 When looking at Rent Stabilization from a constitutional point of view, two facts clearly emerge. First, as forty-year-old emergency legislation, it is clearly unconstitutional. Second, no judge subject to reelection or reappointment is going to agree with the first point. Thus, if anyone seeks to Full Article…
Adverse Possession in a Post- ‘Walling’ World
By: Adam Leitman Bailey & John M. Desiderio October 12th, 2011 In a prior article, which reviewed adverse possession cases decided by New York courts in the two years following the 2008 amendments to Article 5 of the Real Property and Proceedings Law (RPAPL), the authors noted that “during this period of transition, the courts Full Article…
Lawyers: You CAN Recover Cash When Condo Sponsors Underfund Reserves
Rainy Day Money – Condo Style Reserve Fund Obligations By: Adam Lietman Bailey July 1st, 2011 Do you live in a condominium conversion? Are your reserves underfunded? As a condo board you may be able to recover millions of dollars from your sponsor. Sponsors of condo conversions really have only one material obligation: to provide Full Article…
Preventing Fraud at Closing
November 1st, 2009 There are some simple yet effective steps that can be taken to avert fraud at a real estate closing. At the start of the 21st century, the most effective means to rob a bank no longer includes the use of a gun. The real estate closing table has replaced the gun and Full Article…
Q & A: When a Super Is a Requirement
By: Jay Romano October 20th, 2009 Q: Is there a New York City law that a co-op building must have a specific number of units to necessitate a live-in superintendent? A: Dov Treiman, a Manhattan real estate lawyer, said that under the New York City Administrative Code, any building with nine or more units must Full Article…
Adverse Possession: Veto Confirmed Existing Law on ‘Claim of Right’
By: Adam Leitman Bailey & John M. Desiderio September 12th, 2007 This past session, the New York State Legislature passed a bill1 that would have effectively eliminated the doctrine of adverse possession as we know it today. However, on Aug. 28, Governor Spitzer vetoed the bill noting the “radical impact” it would have had on Full Article…
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