Adam Leitman Bailey, P.C. was retained by lender to commence a foreclosure action against a borrower on a business purpose loan that was secured by four properties. Defendant borrower filed an answer with affirmative defenses alleging that Defendant was not delinquent on mortgage payments, and that the Lender was the cause of the default. Adam Full Article…
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Adam Leitman Bailey, P.C. Cleans Up A Challenging Foreclosure Case And Secures Summary Judgment In Favor Of The Lender
Adam Leitman Bailey, P.C. was retained by a lender to clean up a messy foreclosure action in which summary judgment had already been denied on the grounds that the lender failed to establish that 90 Day Notices were sent to the borrower in compliance with RPAPL § 1304, a statute that consistently proves to be Full Article…
Adam Leitman Bailey, P.C. Achieves Favorable Settlement of Construction Defects Claims Against a Sponsor
Plaintiff, a unit owner at a Queens County condominium, brought an action against the Sponsor and the Sponsor’s managing agent, asserting the following causes of action against the Sponsor, relating to the allegedly defective construction of the Plaintiff’s unit: (1) breach of contract; (2) breach of warranty; (3) breach of the NYC noise code; and Full Article…
Adam Leitman Bailey, P.C. Successfully Establishes that Plaintiff Lacked Standing in A Prior Foreclosure Action in Order to Defeat Defendant’s Motion to Dismiss for Statute of Limitations in a Pending Foreclosure Action
In a highly contested foreclosure action, Adam Leitman Bailey, P.C. was retained to step in as counsel for the new purchaser of the note and mortgage being foreclosed. The record owner Defendant moved to dismiss the action arguing that the loan was time barred by the six-year statute of limitations due to a prior action Full Article…
Adam Leitman Bailey, P.C. Defeats Application for Stay Pending Appeal, Defeats Renewal Motion, and is Awarded Judgment Of Foreclosure and Sale
In a foreclosure action being repeatedly delayed by the tactics of the Borrower, Adam Leitman Bailey, P.C. was retained to change in as counsel for Plaintiff and aggressively complete the action to a Judgment of Foreclosure and Sale. The 2015 action was originally dismissed in 2018 for Plaintiff’s failure to timely move for the appointment Full Article…
Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action and Quiet Title Action
Adam Leitman Bailey, P.C. was retained by a Lender in connection with a foreclosure action and a quiet title action. The Lender’s predecessor in interest commenced a prior foreclosure action in 2009 that was ultimately dismissed without prejudice by the First Department Appellate Division on November 21, 2019. In response to the dismissal of the Full Article…
Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division
In a hotly contested dispute between the Board of a Condominium and the Sponsor of the Condominium, the Board brought suit alleging, among other things, that there were numerous construction defects that the Sponsor was obligated to remedy but failed to do so. The Board’s complaint noted that the defects included by were not limited Full Article…
Adam Leitman Bailey, P.C. Helps Landlords and Sellers Navigate the Pandemic Against Defaulting Renters and Purchasers
COVID-19 has disrupted the ordinary course of dealing in both the residential leasing and sales sectors, with renters and buyers using COVID-related excuses and delays in attempts 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…
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