Pay When Paid, Limits and Limitations

By Adam Leitman Bailey and Dov Treiman October 10, 2018 Adam Leitman Bailey and Dov Treiman discuss “Pay-if-Paid” clauses in construction contracts and write: “Like many jurisdictions across the United States, New York outlaws Pay-If-Paid clauses, but, in New York’s case, only indirectly.” Construction projects entail financial risk—risks for the owners of the property, risks  Full Article…

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2017, The Year of Many New Landlord-Tenant Laws

By Adam Leitman Bailey and Dov Treiman  June 12, 2018  Adam Leitman Bailey and Dov Treiman discuss the many enactments related to harassment, bedbugs, and smoking, the first two of which expand tenants’ rights and the final one intended to constrict them. On Aug. 9, 2017 and in the ensuing months, becoming effective at scattered times over  Full Article…

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New Update to the FinCEN GTO

We have spoken in the recent past about the Financial Crimes Enforcement Network’s (FinCEN) geographic targeting order (GTO). This order requires title companies to gather and disclose certain information pertaining to the identity of the natural person(s) who make up a Limited Liability Corporation (LLC) if they are purchasing a home without a mortgage (all  Full Article…

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‘Altman’ Alters Vacancy Deregulation

By Adam Leitman Bailey and Dov Treiman May 2, 2018 Adam Leitman Bailey and Dov Treiman discuss the recent landmark Housing Court case ‘Altman v. 285 West Fourth LLC’ where the Court of Appeals reversed the Appellate Division, First Department and deregulated thousands of New York City apartments. On April 26, 2018, the Court of  Full Article…

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The New World of Prescriptive Easement Cases

By Adam Leitman Bailey and John M. Desiderio April 10, 2018 In their Land Use column, Adam Leitman Bailey and John M. Desiderio discuss how New York appellate courts determine whether or not a party is entitled to claim a prescriptive easement over another party’s land, and review a number of recent cases and claims. As  Full Article…

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How the New Tax Law Affects the Mortgage Interest Deduction

The Tax Cuts and Jobs Act was signed into law at the end of 2017 and will have an impact on homeowners in the United States. The mortgage interest deduction on a mortgage taken to purchase a home prior to December 14, 2017 allows a borrower to deduct interest on up to $1 million in  Full Article…

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TIC for tat: Court moves the goal posts in cotenancy rules

March 1, 2018 By: Massimo F. D’Angelo When joint owners of real property are unable to get along with each other, they are armed with a very powerful legal remedy, that of the partition.  Any joint tenant or tenant-in-common who no longer desires to hold property in common with their fellow co-tenants, may maintain, as  Full Article…

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Talking Points Against Governmental Takeover of Title Companies and all Small Businesses

By Adam Leitman Bailey Title insurance work is labor intensive Title agencies’ labor-intensive search of the public property records includes the search of tax and judicial records by skilled title examiners that provides homebuyers and lenders the security they need to purchase and transfer real estate. Otherwise, the rampant fraud that exists would reach levels  Full Article…

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