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…
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…
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 the Full Article…
Sandy, One Year Later: Issues Facing Property Owners, New York Law Journal
By Adam Leitman Bailey & Dov Treiman October 9th, 2013 Real estate lawyers have been and will be the leaders of the rebuilding process of our storm-torn city. One of our most important functions is to prepare for the next storm or potential casualty. In order to improve our lawyering it is essential that we Full Article…
Sidewalk Doesn’t Include Curbstone, Court Says, Apartment Law Insider
July 1st, 2006 A recent Kings County court ruling may help you avoid liability under the city’s sidewalk law (Section 7-210 of the city’s Administrative Code). That law requires owners to maintain the sidewalks abutting their buildings in a safe condition and makes owners of buildings with four or more apartments exclusively liable for any Full Article…
Deducting Cost of Repainting Purple Walls From Security Deposit, Apartment Law Insider
By: Adam Leitman Bailey July 1st, 2006 Q. One of my tenants moved out of her apartment, leaving behind walls that she had painted purple. Can I deduct the cost of repainting the walls from this tenant’s security deposit? A. Yes, says Manhattan attorney Adam Leitman Bailey. In general, if a tenant moves out of Full Article…
Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings, Commercial Lease Law Insider
By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
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