Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

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When Can Condo and Co-op Boards Fine the Owners and Residents?

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, John Desiderio

January 30, 2018 By Adam Leitman Bailey and John M. Desiderio Adam Leitman Bailey and John M. Desiderio review the authority given to boards of condominiums and cooperative corporations to impost and enforce respectively on condo unit owners and cooperative shareholder-tenants who violate building house rules. This article will review the authority given to boards  Full Article…

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Departmental Divide on Shareholder Family Occupancy

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Dov Treiman

December 12, 2017 By Adam Leitman Bailey and Dov Treiman Adam Leitman Bailey and Dov Treiman discuss a split among the First and Second Department Appellate Divisions on their interpretations of a common clause in proprietary leases for cooperative apartments relating to whether a proprietary lessee must live in the apartment simultaneously with a close  Full Article…

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When Email Exchanges Become Binding Contracts

  • Adam Leitman Bailey, Condominium & Cooperative Litigation, John Desiderio, Purchase and Sale of Multi-Family Dwellings and Buildings, Real Estate Litigation

August 8, 2017 by Adam Leitman Bailey and John Desiderio In Stonehill Capital Management v. Bank of the West, 28 NY3d 439 (2016), the New York Court of Appeals held that an agreement to sell a distressed loan, in the auction loan trading market, was enforceable without the execution of a formal written contract. While  Full Article…

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The Sound and the Fury: Noise in Rentals, Co-ops and Condos

  • 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, Landlord Representation, Tenant Representation, Uncategorized

By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems with noise laws resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming  Full Article…

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The State of the Business Judgment Rule Appellate Court Rulings By Adam Leitman Bailey

  • http://alblawfirm.com/articles/appellatecourtrulings/ •
  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Insurance Defense Litigation

February 2016 By Adam Leitman Bailey The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG).  This article will review some of those changes and the most significant appellate cases affecting cooperatives and condominiums. Buyouts  Full Article…

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Court Clarifies Condo Owners’ Right to Inspect

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, John Desiderio, Real Estate Litigation

December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v.  Full Article…

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Seven Secrets to Drafting An Effective Commercial Lease Default Lease

  • Adam Leitman Bailey, 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, John Desiderio

An effective commercial lease will dictate the future relationship between a commercial 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  Full Article…

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Fair-Market Tenants and Condominium Conversions

  • http://alblawfirm.com/articles/fair-market-tenants-and-condominium-conversions/ •
  • Adam Leitman Bailey, Condominium & Cooperative Litigation, Landlord Representation, Tenant Representation

A recent newspaper article reports that between 2009 and 2012, a total of 117 rental buildings in Manhattan and Brooklyn were converted to cooperative or condominium ownership.1 Many of the units contained therein were deregulated. This article explores what rights tenants of these units have vis-à-vis rent-regulated tenants when a building is being converted, if and  Full Article…

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