Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

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Adam Leitman Bailey, P.C. Successfully Defeats Motion to Dismiss Condominium Unit Owner’s Claims Related to Defective Plumbing

  • Adam Leitman Bailey, Brandon M. Zlotnick, Condominium & Cooperative Litigation, Jeffrey R. Metz, John Desiderio, William Perkarsky

A recent decision from the Appellate Division, First Department has upheld breach of fiduciary duty and breach of contract claims brought by a condominium unit owner against the Condominium’s (the “Condominium’s”) Board of Managers (the “Board”). Adam Leitman Bailey P.C.’s client, the owner of a condominium apartment in Manhattan, commenced an action against the Board in  Full Article…

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Adam Leitman Bailey, P.C. Secures Largest Condominium Construction Defect Settlement in Brooklyn History

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Representation, Rachel Sigmund, Real Estate Litigation

In 2018, Adam Leitman Bailey, P.C. was retained by a group of unit owners at a new construction condominium in Williamsburg, Brooklyn. The new build encompassed an entire block and contained over 200 units consisting of one to three-bedroom units, duplexes, lofts, penthouses and townhomes.  On paper, the building sounded wonderful. In reality, however, the  Full Article…

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Co-ops Are Exempted From The 2019 Housing Stability Tenant Protection Act

  • Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Rachel Sigmund

As many know, on June 14, 2019, then Governor Andrew Cuomo signed into law a massive overhaul of landlord-tenant laws throughout the State of New York, known as The Housing Stability Tenant Protection Act (HSTPA). Among other things, these new laws made rent regulation – rent control, rent stabilization, and the Emergency Tenant Protection Act  Full Article…

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Adam Leitman Bailey, P.C. Helps Landlords and Sellers Navigate the Pandemic Against Defaulting Renters and Purchasers

  • Carolyn Raulo, Condominium & Cooperative Litigation, Courtney J. Lerias, Dov Treiman, Eric S. Askanase, John Desiderio, Supreme Court Litigation

COVID-19 has disrupted the ordinary course of dealing in both the residential leasing and sales sectors, with renters and buyers using COVID-related excuses and delays in attempts to avoid paying rent and close on sales in a fluctuating market. However, using a distinct combination of deep institutional knowledge about the Real Estate market, aggressive litigation  Full Article…

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Eviction During A Pandemic When Evictions Are Prohibited

  • Carolyn Raulo, Commercial Landlord Representation, Condominium & Cooperative Litigation, Dov Treiman, Israel Katz

When Adam Leitman Bailey, P.C.’s client came for help, it was faced with a tenant who had illegally AirBnB’d his apartment to someone believed to be dealing drugs from the apartment with no intent ever to leave. The tenant of record having returned home to Spain, there was no pressure to apply to him and  Full Article…

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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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  • Adam Leitman Bailey, P.C. Successfully Defeats Motion to Dismiss Condominium Unit Owner’s Claims Related to Defective Plumbing
  • Adam Leitman Bailey, P.C. Wins Summary Judgment and Dismissal of Prior Owner’s Affirmative Defenses in Highly Contested Post-Foreclosure Eviction Proceeding
  • Adam Leitman Bailey, P.C. Obtains Payment of Commission for Real Estate Salesperson

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