In a mortgage foreclosure action where Adam Leitman Bailey, P.C. participated in the appeal to the Appellate Division, Second Department the lower court refused to grant the mortgagee summary judgment on its foreclosure complaint and for an order of reference finding that there was an issue of fact as to whether the claim was time Full Article…
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Adam Leitman Bailey, P.C. Wins Appeal and Obtains Critical Information For Client In Rent Overcharge Dispute
Under New York law, if a landlord obtains J-51 tax benefits from New York City, the landlord must treat its tenants as rent stabilized. In this case, the owner failed to do so and for years treated our client as deregulated and charged rents exceeding that allowable under rent stabilization. Our client commenced a rent 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…
In an Unprecedented Decision, Adam Leitman Bailey, P.C. Defeats an Easement Claim by Summary Judgment
Adam Leitman Bailey, P.C. was retained by a long-established Bronx construction company related to one of the few remaining privately owned streets in New York. Adam Leitman Bailey, P.C.’s client was sued by its neighbor who claimed an easement over the roadbed owned by Adam Leitman Bailey, P.C.’s client. The neighbor, who resided on the Full Article…
Title Policy Exceptions Enforced to Defeat Disgruntled Property Owner
The Plaintiff purchased a property and obtained a title policy which contained certain exceptions to coverage regarding a driveway, a portion of which encroached onto a private street. The plaintiff used that driveway and also had access to a public street which abutted his property. Subsequently, the adjacent property, which included the private road, was Full Article…
Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal
Adam Leitman Bailey, P.C. was retained by the note owner to salvage a 2007 foreclosure action that was dismissed pursuant to CPLR § 3216 for the Plaintiff’s prior counsel’s alleged failure to prosecute. By virtue of the CPLR § 3216 dismissal, foreclosure of the loan was then time-barred by the statute of limitations, and the Full Article…
Adam Leitman Bailey P.C. Appellate Victory: Successor Sponsors No Longer Responsible for Repairing Building
Adam Leitman Bailey P.C. successfully defends purchasers of units in a condominium following the original sponsor’s bankruptcy against claims of individual units owners for breach of contract The original sponsor of a condominium conversion declared bankruptcy after it was sued by individual unit owners for design and construction defects. In the bankruptcy proceeding, the firm’s Full Article…
Adam Leitman Bailey P.C. Wins Coop’s Right To Retain Multimillion-Dollar Security Deposit post-HSTPA
In one of the first tests of the 2019 Rent Law’s provisions restricting security deposits and prepaid rent, Adam Leitman Bailey P.C. won for an extreme upscale cooperative in Manhattan, the right to keep the multimillion-dollar, multiyear prepaid maintenance they had negotiated from a foreign national with an unsavory international reputation. Arguing that the prepaid maintenance Full Article…
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