A recent decision from the Appellate Division, First Department has upheld breach of fiduciary duty and breach of contract claims brought by a condominium unit owner against the Condominium’s (the “Condominium’s”) Board of Managers (the “Board”). Adam Leitman Bailey P.C.’s client, the owner of a condominium apartment in Manhattan, commenced an action against the Board in Full Article…
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Adam Leitman Bailey, P.C. Settlement Negotiations Save NYC Owner Hundreds of Thousands of Dollars in Rent Overcharge Class Action Case
Since the surge of tenant class action rent overcharge cases began circa 2017, Adam Leitman Bailey, P.C., has defended a number of the targeted NYC owners of buildings who participated in the J-51 tax exemption and abatement program and did not, for one reason or another, immediately re-regulate units after the 2009 Court of Appeals Full Article…
Adam Leitman Bailey, P.C. Affirms an Unusual Ruling Issued by The Supreme Court
In a matter where taking too aggressive a position can backfire, Adam Leitman Bailey, P.C. obtained an affirmance before the Appellate Division of an order of the trial court, which stayed the prosecution of a plenary action a landlord brought against its tenant, pending the resolution of the holdover proceeding the landlord had previously commenced. Full Article…
De-Acceleration of Loan Found Valid to Defeat Statute of Limitation Defense Notwithstanding Word Processing Error In Stipulation of Discontinuance
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…
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…
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