Adam Leitman Bailey, P.C. secured an emergency temporary restraining order for its landlord client before Christmas, obtaining permission from a Supreme Court Judge to change the locks and seal the doors to three apartments with New York Police Department (NYPD) assistance to keep out violent illegal short-term rental operators. First, Adam Leitman Bailey, P.C. secured a Full Article…
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Adam Leitman Bailey, P.C. Hired to Litigate in Sale of Property Conflict and Resolves Dispute Against Neighbor Without Litigation and Much Higher Sales Price
Two siblings hired Adam Leitman Bailey, P.C. for a contract negotiation regarding the sale of their inherited apartment. After successfully and strategically maneuvering the clients through a series of intricate hurdles, the attorneys at Adam Leitman Bailey, P.C. reached a settlement with the client’s adversary at a much higher price than they had been previously Full Article…
Adam Leitman Bailey, P.C. Resolves an Intricate Easement Dispute, Enabling Client to Pursue Construction Project
In the midst of a complicated easement dispute, a real estate developer and holding company enlisted the expertise of Adam Leitman Bailey, P.C., who ultimately rescued their development project by clearing out all underlying litigation conflicts. A real estate developer had recently purchased a property on which they planned to develop affordable housing, a project Full Article…
Adam Leitman Bailey, P.C. Helps Seller Retain Purchaser’s Deposit in Contentious Litigation
Adam Leitman Bailey, P.C. represented owners of a Manhattan cooperative apartment who contracted in June 2021 to sell the apartment to sophisticated buyers, securing a standard 10% deposit on signing. The purchase contract contained standard terms, including an unconditional approval from the sellers’ co-op board. The apartment in question had previously been outfitted with central A/C and Full Article…
Adam Leitman Bailey, P.C. Remains Vigilant and Prepared as Omicron Sweeps Through State
As the Omicron variant sweeps its way through New York City, the banking department at Adam Leitman Bailey, P.C. is working safely and diligently to ensure all files are closed on time and in accordance with all CDC guidelines. Our staff continues to maintain the required social distancing, disinfecting regularly, always wearing masks during the Full Article…
Adam Leitman Bailey, P.C. Successfully Negotiates Almost Complete Relief for a Landlord Seeking Arrears From Rent-Stabilized Tenant
COVID-19 has disrupted the ordinary course of dealings in both the residential leasing and sales sectors, with renters and buyers using COVID-related excuses and delays in attempt to avoid paying rent and close on sales in a fluctuating market. However, using a distinct combination of deep institutional knowledge about the Real Estate market, aggressive litigation Full Article…
Overcoming Obstacles with the General Power of Attorney
Closing by Power of Attorney has always been a common practice in real estate transactions, especially now during the pandemic. Parties who are unable to attend the closing personally could delegate such power to an agent to execute documents on their behalf at the closing table. While it may be a seemingly straightforward delegation, New Full Article…
Adam Leitman Bailey, P.C. Ensures Tenant’s Compliance and Achieves Ideal Outcome for Landlord Client; Tenant Pays Landlord’s Legal Fees in Full
The landlord of a large commercial space in the East Village consisting of a store front that spans half a city block and two basement spaces retained Adam Leitman Bailey, P.C. after his tenant refused to pay rent. The tenant, a large food market and essential business, did not have to shut down by the Full Article…
Adam Leitman Bailey, P.C. Vacates Covid-19 Hardship Declaration Filing Stay in a Case of First Impression
Adam Leitman Bailey, P.C. was retained by a lender to commence foreclosure proceedings against a borrower LLC on a residential property. Notably, the LLC’s member specifically represented at origination that the mortgaged premises would be an investment property and executed an occupancy affidavit to that effect. Lender was granted summary judgment and an Order of Full Article…
Adam Leitman Bailey, P.C. Secures Bulk Purchase of 22 Units in New Luxury Condominium Building for Client, Deeming Client “Successor Sponsor”
Adam Leitman Bailey, P.C. represented a real estate developer/investor in its bulk purchase of 22 units in a new luxury condo in Midtown Manhattan with a total offering of over $500 million. Our client’s bulk purchase of 22 units was in excess of $80 million. The process presented our attorneys with an intricate series of obstacles which Full Article…
Seven Adam Leitman Bailey, P.C. Lawyers Recognized by Best Lawyers®
Manhattan, NY, United States, August 19, 2021 — Adam Leitman Bailey, P.C. is pleased to announce that Adam Leitman Bailey has been included in the 2022 edition of The Best Lawyers in America®. Six additional Adam Leitman Bailey lawyers have been recognized in the 2nd edition of Best Lawyers: Ones to Watch in America. Best Full Article…
‘Real Estate Titles: The Practice Of Real Estate Law’ Webinar Hosted by Co-Editor in Chief Adam Leitman Bailey, Now Available Online
Unlock all of the ‘ins and outs’ of real estate law, produced, reviewed, and edited by an all-star collective of real estate lawyers. Real Estate Titles is an encyclopedia of real estate law expertise that is regarded as the most useful instrument in any practitioner and judges tool belt. It gives in-depth information about real Full Article…
The “Irreparable Harm” Conundrum in Obtaining a Preliminary Injunction
Situations arise every day requiring attorneys to commence an action seeking court intervention to obtain immediate provisional relief, “respecting the subject of the action,” to protect a client against actions, in violation of the client’s rights, by a person, who is either threatening, about to do, doing, or procuring or suffering to be done, actions, Full Article…
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…
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…
Cooperative Board Minutes Minimum Requirements to Reject a Cooperative Purchase Application
By Adam Leitman Bailey and John M. Desiderio How is a co-op applicant to know whether a rejection decision was made for legitimate corporate purposes, or because of one or more board members’ unlawful motivations? The first place to look would be the co-op’s minutes of its board meetings. Adam Leitman Bailey and John Desiderio Full Article…
The High Cost of Ignoring Habitability
By Steven R. Wagner, Of Counsel, Adam Leitman Bailey ERIC BATT, AS ADMINISTRATOR OF THE ESTATE OF ROBIN SIEGAL V 77 BLEEKER STREET CORP., ET AL. WHAT HAPPENED In 2014, two leaks within seven months damaged Robin Siegal’s co-op apartment and its contents. One leak was from a sprinkler head that froze and burst in Siegal’s Full Article…
Whether Co-op Boards Can Reject Purchasers for a ‘Too Low’ Sales Price
Adam Leitman Bailey and John Desiderio discuss ‘Stromberg v. East River’ which provides new guidance on when co-op boards may consider sale price in rejecting a purchaser without losing protection under the business judgment rule. In 2022, in a prior article, the authors concluded: “Until there is a clear holding by an appellate court that Full Article…
When Is a Breach of a Real Estate Contract ‘Material’?
Adam Leitman Bailey and John M. Desiderio explain how New York courts decide whether a buyer’s or seller’s failure to meet a real estate contract obligation is a “material” breach that justifies remedies such as forfeiture of a deposit, rescission, or specific performance. Whether a default is deemed “material” often determines whether a purchaser forfeits Full Article…
Establishing ‘Time Is of the Essence’ and Performing at a ‘Time Is of the Essence’ Closing
As the authors noted in our first article on Time of the Essence (TOE) Closings, “real estate closings may be the most basic and common real estate experience, but the familiarity ends once a provision of the contract of sale has been breached.” See Bailey and Desiderio, Enforcing the Contract—Obtaining Down Payment or Specific Performance (New York Law Full Article…
Recovering Damages From Water Diversion
The history of real property law is replete with litigation over how one property owner’s assertion of its rights to control and adapt their property impacts their neighbors. These cases usually involve damage to a neighboring property resulting from acts of so-called trespass—which might better be termed a nuisance—one of the most common being damage Full Article…
Coop Estate Requirements
By Rosemary Liuzzo Mohamed Our firm represents several Coop buildings in New York City in connection with closing the sales of their units. When the seller of a unit is the shareholder’s estate, we are often asked for coop estate requirements to sell. Here is a brief but thorough summary of what most coops will Full Article…
One of the Bedrocks of Real Estate Transfers: The Statute of Limitations Cannot Be Extended By State Courts in New York
In their article, Adam Leitman Bailey and Jeffrey Metz discuss how, in New York, courts generally lack the authority to extend statutes of limitations, with only narrow exceptions permitting tolling which reinforces the importance of timely legal action in real estate matters. Real estate markets require certainty. Lenders, developers, and all real estate actors require Full Article…
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