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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Adam Leitman Bailey, P.C. Prevails; Allows a Donut Store Owner to Continue Making Donuts Despite Being Locked Out by Landlord
When a donut shop owner sought Adam Leitman Bailey P.C.’s help after his landlord locked the shop out of its basement storage space, the attorneys at Adam Leitman Bailey, P.C. commenced litigation and prevailed over the landlord in less than 48 hours after the initial consultation. An agent of a commercial tenant operating a popular Full Article…
Adam Leitman Bailey, P.C., Successfully Defends Against Niece’s Succession Claim to Regulated Apartment
When an occupant of a governmentally regulated apartment claims succession rights to the apartment, but does not fall into one of the statutorily defined “familial relationships” with the tenant of record, in addition to proving a minimum of two-year’s co-residency, the occupant is required to prove an emotional and financial commitment and interdependence with the Full Article…
Q & A: Maintenance Rises After Units Are Combined
By Jay Romano Q We recently bought a small studio apartment next to our one-bedroom and created a two-bedroom. We are paying maintenance on the two units as if they had never been combined. There is a similar apartment in the building that has fewer shares — and pays less maintenance — for the same-size apartment Full Article…
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 the Business 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…
Laws Versus Rules: You Need to Know the Difference
New York’s co-ops and condos are both governed by a multitude of laws and rules… Sometimes, laws that are enacted that mandate change can cause conflict with co-ops and condos that are used to doing things a certain way. For example, the Fair Housing Amendments Act mandates that a multiple dwelling with a parking lot Full Article…
Q & A: An Inheritance, With Restrictions
Q. My mother inherited a co-op in Manhattan, but the co-op board will not give its approval for the shares to be transferred into her name. Can a co-op board do this? A. A co-op board may not prevent the estate of a deceased shareholder from being transferred to a beneficiary, according to Adam Leitman Bailey, P.C., a Full Article…
Q & A: No Dogs for Condo Renters
By JAY ROMANO Q. I own in a condo building that allows only owners to have dogs. Renters have been circumventing the rule by submitting a note from a therapist to the management company saying the dog is part of their therapy. Is it true that a condominium can be kept from enforcing its rules by Full Article…
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