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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Q & A: An Inheritance, With Restrictions

  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation, Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Q & A

Q. My mother inherited a co-op in Manhattan, but the co-op board will not give its approval for the shares to be transferred into her name. Can a co-op board do this? A.  A co-op board may not prevent the estate of a deceased shareholder from being transferred to a beneficiary, according to Adam Leitman Bailey, P.C., a  Full Article…

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Q & A: Rent-Stabilized Corporate Tenants

  • Adam Leitman Bailey, Landlord Representation, Q & A, Tenant Representation

Q. Is it legal for a corporation to be a rent-stabilized tenant? A.  Yes, “a corporation can rent a rent-stabilized apartment,” said Adam Leitman Bailey, a Manhattan real estate lawyer. “But the terms of the rental will determine whether or not the apartment is entitled to the automatic renewals that are normal under rent stabilization.” If the lease names  Full Article…

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No Help for Jilted Sellers as Court Sticks With Precedent

  • Adam Leitman Bailey, Commercial Landlord Representation, Commercial Tenant Representation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Purchase & Sale of Homes

n White v. Farrell,1 the New York Court of Appeals ruled that the measure of damages for a buyer’s breach of a contract to sell real property, where the contract does not contain a liquidated damages clause as the seller’s exclusive remedy,2 is the difference between the contract price and the fair market value of the property on  Full Article…

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Breaking Bad: Dealing with Rule Breakers

  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation, Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, Real Estate Administrative Proceedings/Environmental Control Board

By Adam Leitman Bailey, Leonard Ritz and Dov Treiman Jan. 15, 2013 — In the aftermath of superstorm Sandy, many condo and co-op board members have been facing unprecedented challenges, with little experience to guide them. In the first of two installments today, three leading attorneys answer eight questions at the top of every affected board  Full Article…

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Post-Sandy: Three Attorneys’ Plain-English Guide for Co-op & Condo Boards

  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation, Adam Leitman Bailey, 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, Q & A, Real Estate Administrative Proceedings/Environmental Control Board

By Adam Leitman Bailey, Leonard Ritz and Dov Treiman Jan. 15, 2013 — In the aftermath of superstorm Sandy, many condo and co-op board members have been facing unprecedented challenges, with little experience to guide them. In the first of two installments today, three leading attorneys answer eight questions at the top of every affected board  Full Article…

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The Metamorphosis of the Environmental Control Board

  • Adam Leitman Bailey, Insurance Defense Litigation, Real Estate Administrative Proceedings/Environmental Control Board, Real Estate Litigation

By Adam Leitman Bailey and Dov Treiman When coauthor of this article (Bailey) learned how to conduct real estate  trials as a young lawyer in Supreme and Civil Courts, the Environmental Control  Board (ECB) was where he spread his wings as a trial attorney. While other  practitioners joked that the place was a kangaroo court  Full Article…

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You Can Fight City Hall: Battling for Public Projects

  • Adam Leitman Bailey, Real Estate Litigation

By Adam Leitman Bailey and Dov Treiman According to an ancient truism, “you can’t fight city hall.” In the old days, that was true. Particularly when it came to public works projects, if the city wanted to do it, there was no one to say “no,” except at the ballot box, when it was generally  Full Article…

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Use Six Arguments to Beat Sanitation Violations

  • Adam Leitman Bailey, Commercial Tenant Representation, Real Estate Administrative Proceedings/Environmental Control Board

One big headache for many owners is getting hit with violations from the city’s Department of Sanitation (DOS). These violations include not keeping the sidewalk in front of your building clean, not sweeping 18 inches into the street, and not properly maintaining garbage receptacles. And now that DOS has raised the minimum base fine for  Full Article…

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ARTICLES BY TOPIC

  • Appellate Litigation
  • Buyouts and Sale of Apartment Lease
  • Commercial Landlord Representation
  • Commercial Leasing Services
  • 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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