Adam Leitman Bailey Co-Edits and Releases Real Estate Titles: The Practice of Law in New York (Real Estate Titles, 4th edition)

The first completely updated edition of James Pedowitz’s legendary book including entirely new material with 34 chapters written by 30 of the most prominent real estate attorneys of our lifetime. Adam Leitman Bailey had the great honor of co-editing with First American’s Michael Berey. Editor(s): Adam Leitman Bailey, Esq.; Michael Berey, Esq.; Real Estate Titles:  Full Article…

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Preparing Practitioners for the Next Disasters

By Adam Leitman Bailey, Dov Treiman and John Desiderio This article gives practical advice to lawyers to help their business clients and building owner clients best prepare for the effects of catastrophic disasters, natural and man-made. Introduction In the United States of America, the number of natural disasters has gradually increased. Most of the costliest  Full Article…

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Shady Business Dealings, Adam Leitman Bailey, P.C. Secures Favorable Settlement For Its Client

In a case where an investor was swindled by his business partner, Adam Leitman Bailey, P.C. was able to quickly secure a settlement saving its client’s investment. The investor purchased a property with the intent of developing and constructing a residential property to sell.  In order to develop this new residential property, the investor entered in  Full Article…

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Adam Leitman Bailey, P.C. Secures Record Multi-Million-Dollar Settlement for Residential Developer

Adam Leitman Bailey defeats adverse possession claim and sells entire plot of land to plaintiff. As one of the experts in adverse possession cases in New York, I have never before seen an adverse possession case started by one party with the case ended by that party buying the land he was trying to steal.   Full Article…

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The Surfside Condo Collapse: Lessons for New York

The disastrous collapse in Surfside, Florida of the 40-year-old Champlain Towers South condominium tower should set off alarm bells in New York City, wherein it is estimated there presently are more than 1 million buildings, many of which are more than 100 years old, including several in Manhattan that were converted to cooperative apartment buildings  Full Article…

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The Evolving Burden of Proof for Foreclosure Judgments

By Adam Leitman Bailey… Judgments of foreclosure and sale granted in favor of lenders are being reversed. This article highlights the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy to successfully foreclose on a defaulted loan. Many foreclosure proceedings already at the judgment stage are being unwound for the proofs  Full Article…

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Under Regina, Just What Is Fraud?

Introduction The most talked about recent case in the real estate industry is Regina Metro v. DHCR (2020). In it, New York’s highest court, the Court of Appeals, set bright line standards in rent overcharge cases in rent stabilized apartments. Unfortunately, one of those lines was not bright enough. The question the Court of Appeals  Full Article…

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Development—Court Grants Petitioner License to Temporarily Enter Adjacent Property To Facilitate Construction of Petitioner’s Construction Project Pursuant to Real Property Actions and Proceedings Law §881, Subject to Terms and Conditions

The court granted the petitioner’s property owner a license, pursuant to Real Property Actions and Proceedings Law (RPAPL) §881, “to enter upon a portion of the land of respondent (adjacent property owner), subject to several terms and conditions.” The respondent was ordered to grant the petitioner, a limited non-exclusive license for access to the adjacent  Full Article…

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By Conducting Aggressive Discovery Proving Bidder Could Not Prevail in Litigation, Adam Leitman Bailey, P.C. Overcomes Claims

Bidder sues successful buyer of property claiming that it was the rightful owner of property and actual buyer should have known about filed lawsuit. Adam Leitman Bailey, P.C.’s client was a small family company that, after saving for years, purchased a small multi-family King’s County apartment building in order to supplement their income.  Their former counsel  Full Article…

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Adam Leitman Bailey, P.C. Defeats Claim Against Title Company Regarding a Purported Negligent Search

Adam Leitman Bailey, P.C. was retained by a title company in connection with a claim that the search performed by the title company was negligent.  The title company was retained by the purchaser of the property in connection with the sale of a property that was inherited after the death of seller’s father.  Seller represented  Full Article…

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