With the continuing COVID-19 legislation staying foreclosures during the pandemic, lenders are stalled in prosecuting its actions and are having even more difficulty completing an auction. In this Erie County post-judgment of foreclosure and sale action, immediately upon the issuance of the COVID-19 conference requirements, Adam Leitman Bailey, P.C. requested that the required conference be set and then diligently followed 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…
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…
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…
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…
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…
Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action Using Recent Court of Appeals Precedent
Adam Leitman Bailey, P.C. was retained by the note owner to take over its representation in a problematic foreclosure action. This particular loan was the subject of two prior foreclosure actions in addition to the instant action. The borrower argued that the loan was time barred by the statute of limitations because the first action was Full Article…
Another Hard Fought Victory by Adam Leitman Bailey, P.C. for a Townhouse Developer under RPAPL § 881: By Digging In and Investigating and Uncovering an Insurmountable Amount of Evidence, Adam Leitman Bailey, P.C. Gave the Court Only One Path To Follow
In RLM TH LLC v. 162 East 70th Street Trust LLC, Adam Leitman Bailey, P.C. succeeded in a Real Property Actions and Proceedings Law (“RPAPL”) § 881 proceeding commenced against a neighboring homeowner, after Respondent refused to negotiate in good faith with Petitioner concerning, inter alia, construction on a shared party wall between Petitioner’s and Respondent’s townhouses on Full Article…
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