Adam Leitman Bailey Articles

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About Adam Leitman Bailey

 

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Actively at the helm of the law firm he built from scratch, Adam Leitman Bailey, Esq. practices residential and commercial real estate law. Among New York’s most successful and prominent real estate attorneys, Mr. Bailey is one of two attorneys from a law firm with less than 30 attorneys that has been ranked in Chambers & Partners, honored with a Martindale-Hubbell “AV” Preeminent rating, rated by Best Lawyers for himself and his law firm, and selected by Super Lawyers as one of New York’s “Top 100” attorneys, a list that included only five real estate law firms’ attorneys that year.

 

One New York State Judge wrote that Adam Leitman Bailey “was the best trial lawyer I saw in my nine years as a Judge in New York City” while another stated that he had known Bailey for fifteen years and “that he is a brilliant lawyer and innovative who always worked zealously on behalf of his clients.” The Commercial Observer named him as one of New York’s Most Powerful Real Estate Attorneys. Real Estate Weekly recognized him as “one of the most respected commercial real estate attorneys in not only New York City, but arguably the country.”

 

The New York Times referred to his legal strategy and legislation proposed in one case as “novel,” in addition to remarking on another case in which “Adam Leitman Bailey fought on…grinding through excruciating detail and obscure Perry Mason moments.” After Mr. Bailey’s firm used a forgotten statute to prevail in a landmark case, the Wall Street Journal quoted a prominent New York developer’s attorney who called the holding a “game changer” affecting real estate nationwide. Dateline NBC referred to Mr. Bailey as “aggressive, tenacious and smart” in asking him to share his negotiating secrets on its nationally syndicated television program. Mr. Bailey’s advocacy has prevailed in numerous important trials and cases before various courts and trial venues, including Housing, Civil, and New York State Supreme and Federal Courts, as well as various New York Appellate tribunals.

 

Adam Leitman Bailey has successfully defended a number of leading title companies and lenders in the nation and prevailed in numerous trials and settlements involving commercial and residential building owners, tenants, real estate developers, real estate brokerages, insurance companies and cooperative and condominium boards. In addition, Mr. Bailey has favorably represented a number of tenant and homeowner associations as well as commercial and residential tenants, garnering millions of dollars in compensation and rent abatements for these associations and individuals. For clients facing landlords who leave buildings in disrepair, Mr. Bailey has an unusually successful track record of getting those residential towers, apartments, and stores repaired and all services restored.

 

Adam Leitman Bailey has also applied his expertise in closing various real estate deals and commercial leases. He has been named to the Board of Editors for Commercial Leasing Law & Strategy and has a regular real estate column in the New York Law Journal. Bailey’s lease-drafting skills received national attention when BlumbergExcelsior, the nation’s leading form distributor, responsible for over 70 percent of the residential leases signed in the United States, tapped Bailey to draft a new set of residential and office leases for purchase nationwide. BlumbergExcelsior’s principal remarked that Bailey’s lease drafting skills were “remarkable.”

 

His success as cooperative and condominium general counsel earned Adam Leitman Bailey recognition in “Who’s Who in Real Estate” by Habitat Magazine. Mr. Bailey authored his first book, Finding the Uncommon Deal: A Top New York Lawyer Explains How to Buy a Home for the Lowest Possible Price  (Wiley, 2011). This guide through the purchasing process for first-time home buyers became a New York Times bestseller and is available for purchase worldwide. Mr. Bailey has also been elected a Fellow of the American College of Real Estate Lawyers (ACREL), where he serves on the Insurance and Title Insurance committees, and is a former member of the American College of Mortgage Attorneys (ACMA).

 

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Changes to the New York Statutory Power of Attorney Form

  • Carly Clinton, Rosemary Liuzzo Mohamed

As of June 13, 2021, New York State enacted a new statutory Power of Attorney (“POA”) form.  Any POA created prior to this date will remain effective if it conforms to the current law at the time of its execution. The newly reformed POA form enacted four major changes that are designed to simplify the  Full Article…

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Co-op and Condo Owners’ Right To Inspect: An Update

  • Adam Leitman Bailey, Adam Leitman Bailey, Condominium & Cooperative Representation, John Desiderio

With orders to stay indoors, and residents working at home and boards tasked with deciding on how to run their buildings making important decisions on how to avoid spreading the deadly virus, heightened tensions and heated moments between shareholders and owners and their boards naturally reached new levels. One of the tools used to engage  Full Article…

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Adam Leitman Bailey, P.C. Defeats Dismissal Motion, Wins Summary Judgment in Commercial Non-Payment Proceedings during COVID-19

  • Commercial Tenant Representation, Vladimir Mironenko

Representing a commercial landlord in two highly contested summary non-payment proceedings, Adam Leitman Bailey, P.C. defeated the tenant’s motions for summary judgment and dismissal and won summary judgment awarding the landlord possessory and monetary judgments. The cases involved two adjacent spaces on the ground floor of a commercial building located in the Port Morris area  Full Article…

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Adam Leitman Bailey, P.C. Halts Airbnb Abuses by Unit Owner

  • Condominium & Cooperative Representation, Joanna Peck, Landlord Representation, Real Estate Litigation

The Board of a Condominium engaged Adam Leitman Bailey, P.C. after one of its units owners repeatedly listed his apartment on Airbnb, and other transient use websites, for short-term rentals, in violation of New York law and the governing documents of the building. Specifically, § 27-2004.a.8(a) of the Housing Maintenance Code, expressly prohibits transient, short-term  Full Article…

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Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal

  • Appellate Litigation, Danny Ramrattan, Foreclosure Litigation Group, Jackie Halpern Weinstein, Jeffrey R. Metz

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…

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Adam Leitman Bailey, P.C. Wins Post Foreclosure Writ of Assistance; Defeats Prior Owner’s Motion to Vacate Default

  • Adam Leitman Bailey, Attorney, Foreclosure Litigation Group, Vladimir Mironenko

Representing the buyer of a commercial property after a foreclosure sale in Suffolk County, New York, Adam Leitman Bailey, P.C. won a motion for a writ of assistance under New York Real Property Law § 221 to evict the prior owner church and to put the firm’s client into possession of the property. Simultaneously, partnering  Full Article…

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Adam Leitman Bailey, P.C. Finds COVID-19 Relief for Landlords Trying to Court New Tenants

  • Carolyn Raulo, Commercial Landlord Representation, Commercial Tenant Representation, Dov Treiman, Landlord Representation

One of the problems facing landlords throughout NYC is the rapidly rising vacancy rate because of COVID-19. In spite of the rent stabilization laws, landlords are now competing with each other to offer their tenants better and better deals just to keep them or to entice them to rent an apartment. With the amendments to  Full Article…

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Adam Leitman Bailey, P.C. Accelerates the Issuance of a Certificate of No Harassment During COVID-19

  • Carolyn Raulo, Fair Housing Law, Housing Discrimination

Since Certificate of No Harassment Unit of the Housing Preservation and Development of the City of New York was inundated with hundreds of thousands owners’ applications for Certificates of No Harassment pre – pandemic that one can only imagine what the grinding halt of the COVID-19 lockdown meant for owners waiting for a determination on  Full Article…

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  • Appellate Litigation
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  • Commercial Tenant Representation
  • Condominium & Cooperative Board & Building Representation
  • Condominium & Cooperative Litigation
  • Condominium & Cooperative Owner & Shareholder Representation
  • Condominium & Cooperative Representation
  • Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions
  • Division of Housing and Community Renewal (DHCR)
  • Fire and Building Violations
  • Foreclosure Litigation Group
  • Homeowner and Tenant Associations
  • Insurance Defense Litigation
  • Landlord Representation
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation
  • Mortgage Finance Practice Group
  • Purchase & Sale of Homes
  • Purchase and Sale of Multi-Family Dwellings and Buildings
  • Real Estate Administrative Proceedings/Environmental Control Board
  • Real Estate Litigation
  • Tenant Representation
  • Q & A
  • Title Insurance Claims Group

RECENT POSTS

  • Adam Leitman Bailey, P.C. Defeats Summary Judgment by Long-Term Squatter Claiming Adverse Possession to Part of its Client’s Commercial Building
  • Escaping the Default Formula at the DHCR
  • Adam Leitman Bailey, P.C. Forces Cooperative to Approve Alteration Plans and Settles Discrimination Lawsuit
  • Adam Leitman Bailey, P.C. Secures Dismissal of Claims Against Individual Sponsor Principals in a Construction Defects Litigation
  • Adam Leitman Bailey, P.C. Successfully Defeats Former Co-Op Board President’s Attempt to Enjoin Certification of Board Election Results and to Require New Election

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Adam Leitman Bailey apartment rent Appellate Division Case Co-op board member rights Co-op issues commercial landlord commercial lease commercial tenant condominium Condominium & Cooperative Representation contract cooperative board court of appeals Dov Treiman foreclosure Foreclosure law foreclosure litigation group Home purchase Insurance Jeffrey Metz John Desiderio landlord Landlord and tenant landlord law Landlord Representation Lease Lease Provision License Agreement Mortgage New Construction Representation nonprimary residence NY state law property owner Purchase & Sale of Homes Real estate real estate litigation rent Rent stabilization rent stabilized Rosemary Liuzzo Mohamed RPAPL tenant law tenant rights violation notice

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