Adam Leitman Bailey Articles

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De-Acceleration of Loan Found Valid to Defeat Statute of Limitation Defense Notwithstanding Word Processing Error In Stipulation of Discontinuance

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

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

  • Appellate Litigation, Carolyn Raulo, Dov Treiman, Jeffrey R. Metz, Supreme Court Litigation, Tenant Representation

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…

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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

  • Appellate Litigation, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Representation, Courtney J. Lerias, Jeffrey R. Metz, New Construction Representation, Real Estate Litigation

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…

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Title Policy Exceptions Enforced to Defeat Disgruntled Property Owner

  • Appellate Litigation, Jeffrey R. Metz

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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The Evolving Burden of Proof for Foreclosure Judgments

  • New York Law Journal •
  • Adam Leitman Bailey, Appellate Litigation, Danny Ramrattan, Foreclosure Litigation Group, Jackie Halpern Weinstein, loans, Uncategorized

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…

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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. Appellate Victory: Successor Sponsors No Longer Responsible for Repairing Building

  • Adam Leitman Bailey, Appellate Litigation, Condominium & Cooperative Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, Jeffrey R. Metz

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…

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New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation

  • Adam Leitman Bailey, Appellate Litigation, Division of Housing and Community Renewal (DHCR), Dov Treiman, Landlord Representation, Tenant Representation

By Adam Leitman Bailey and Dov Treiman December 11, 2018 In their Real Estate Trends column, Adam Leitman Bailey and Dov Treiman discuss a pair of new decisions from the Appellate Term, First Department which have toughened the standards under which a landlord may claim a substantial rehabilitation exemption from rent stabilization, the effect of  Full Article…

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RECENT POSTS

  • Adam Leitman Bailey, P.C. Settlement Negotiations Save NYC Owner Hundreds of Thousands of Dollars in Rent Overcharge Class Action Case
  • Adam Leitman Bailey, P.C. Achieves Favorable Settlement of Construction Defects Claims Against a Sponsor
  • Adam Leitman Bailey, P.C. Defeats Order to Show Cause Seeking to Stay Housing Court Eviction Proceeding
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