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“Tenant Protection: Suggestions Offer Remedies for Harsh provisions,” New York Law Journal

By Adam Leitman Bailey and John M. Desiderio During the last five years, the pendulum of commercial leasing has begun to swing. At common law, the doctrine of “caveat emptor” governed commercial leasing. By the 1970’s, New York courts, relying on equitable principles, began to carve out exceptions to caveat emptor. 1 Equity gained greater  Full Article…

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Revenue or Reduction

By: Liz Lent January 1st, 2012 Budgeting is never easy, not for a family of four and certainly not for a co-op or condo community of hundreds or thousands of residents. That fact is made all the more difficult by the lingering effects of the recession, which continues to wreak havoc with our confidence as  Full Article…

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Litigating Against the New Transient Use Statute: The First Trials

As Environmental Control Board litigators, we know that every day is a new battle and we can never predict the result of a case, no matter how good the facts may be.  And then of course, there’s the old saying that no one beats City Hall. Well, for us, we had to go higher and  Full Article…

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Residential landlords offer rent abatements to tenants stranded by Sandy

By Katherine Clarke November 8th, 2012 In the wake of Hurricane Sandy, several of the city’s largest residential landlords have announced that they are providing comprehensive rent abatements to tenants who lost power or water during the storm. Both tenants of luxury and more affordable housing may see some relief. Rose Associates, owner of high-end rental  Full Article…

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Landlords Facing Post – Sandy Responsibilities

By Adam Leitman Bailey and Dov Treiman Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated apartments, the lease  Full Article…

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Getting a Brokerage Commission Paid

By: Adam Leitman Bailey & Jeffrey R. Metz February 20th, 2013 Brokers who deal with commercial properties are increasingly being denied their duly earned commissions. Given the multi-million transactions that are often involved in the world of commercial real estate in New York City, these commissions can be considerable and worth fighting over. Many of  Full Article…

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Advising Boards on Handling Secondhand Smoke Issues

By: Adam Leitman Bailey & John M. Desiderio January 30th, 2013 Some of the most intense combat occurring in modern times may not be that which has taken place on the battlefield, but rather in the ongoing conflicts that occur between shareholders, owners, and renters of apartments in multiple dwelling buildings, between themselves and/or with  Full Article…

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Directors and Officers Insurance Does Not Cover Intentional Discrimination

By Adam Leitman Bailey & Colin E. Kaufman In a recent decision that sent shivers of concern across New York co-op and condo boards, the state’s highest court held that theBusiness Judgment Rule does not protect individual condominium and cooperative board members against some personal liability. In response, real estate and insurance attorneys are reviewing directors and officers (D&O) policies and  Full Article…

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