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Seven Secrets to Drafting An Effective Commercial Lease Default Lease

An effective commercial lease will dictate the future relationship between landlord and tenant. The more clauses forcing the commercial tenant to comply with its obligations, the better chance the landlord will have in not only have a successful relationship but also ensuring that the rent is paid and the tenant behaves. Below are some of  Full Article…

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Owners Should Never Gamble With Liquidated Damage Clauses

By: Adam Bailey and Dov Treiman January 14, 2015 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief amongst these  Full Article…

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Defining the Limits Of Liquidated Damages Clauses

By: Adam Leitman Bailey & Dov Treiman December 31st, 2014 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief among  Full Article…

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Court Grants License To Change Licensing Law Rules

By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest  Full Article…

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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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What You Must Know When Negotiating a Rooftop Antenna Contract,” The Cooperator

By Adam Leitman Bailey and Dov Treiman September 1st, 2009 As the trilogy of real estate values rising, building usage changing, and cellphone and Internet communications became universal, wireless telecommunications companies became popular defendants in the Commercial Part of New York’s Civil Court. Owners began examining their rooftop antenna agreements to determine means to terminate  Full Article…

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BlumbergExcelsior Introduces Comprehensive New Sublease of a Cooperative Apartment in New York

Blumberg Excelsior Introduces Comprehensive New Sublease of a Cooperative Apartment in New York NEW YORK, NY – June 12, 2012 BlumbergExcelsior Inc., a leading supplier of online law forms, has introduced a new comprehensive sublease of a cooperative apartment in New York. The prominent real estate attorneys Adam Leitman Bailey, Leonard Ritz and Dov Treiman  Full Article…

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New Use for an Old Tool: Collecting Rent With an Account Stated

Outside Counsel   MONDAY, NOVEMBER 22, 2010 New Use for an Old Tool: Collecting Rent With an Account Stated BY ADAM LEITMAN BAILEY AND DOV TREIMAN At least since Abraham and Lot’s shepherds parted ways over a land grazing dispute,1 Western Civilization’s literature has been full of accounts of monetary and property disputes. Litigators across  Full Article…

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