When common-charge arrears keep piling up with no end in sight, condo boards typically make a motion to foreclose and then another to evict. But there’s a workaround you may not know about. Slow going. When unit-owners fail to pay common charges after a notice to cure, condo boards commence an action similar to what a Full Article…
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Who Bears Responsibility for Required Condo/Co-Op Apartment Repairs?
In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney’s role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is Full Article…
When Is an Attachment Levy Effective?
Trying times call for creative, aggressive lawyering by real estate litigators. Racing to find and attach and garnish a judgment debtor’s assets before they literally disappear is an old sport played, most recently, at a higher level due to the stressful economic real estate times. This article reflects our war wounds and successes with the Full Article…
Adam Leitman Bailey Saves Upper East Cooperative From Forced NYU Combination With Neighboring University Building
To fall in love with where you live is one of life’s grandest gestures, finding peace and passion in the places you call home. For residents of New York, the city that glimmers day and night, it’s hard not to cherish the homes made among the glittering buildings. New York is a place so uniquely Full Article…
Buildings for Landlords: Want to End Short Term Rentals in Your Building? Get on the “Prohibited Buildings List”
On January 9, 2023, a new law known as Local Law 18, also known as the Short-Term Rental Registration law, became effective. This new law requires short-term rental hosts (rentals fewer than 30 consecutive days) to register their apartment with the Mayor’s Office of Special Enforcement (OSE) and receive a registration number. Booking services such Full Article…
Adam Leitman Bailey, P.C. Successfully Defeats Motion for Contempt Brought by Condominium Board of Managers Against Aggrieved Unit Owner
In a highly contentious dispute between the board of managers of a condominium (the “Board) and Adam Leitman Bailey, P.C.’s client, an owner of a unit in the condominium, Adam Leitman Bailey, P.C. was faced with the tall task of defending against the Board’s concerted effort to seek contempt against the client. In 2022, Adam Leitman Full Article…
Adam Leitman Bailey, P.C., On Behalf of Board, Defeats Temporary Restraining Order By Self-Dealing Owner in Complicated Litigation
SHAREHOLDERS’ DEMAND FOR PRELIMINARY INJUNCTION New York City’s extremely high density, especially in Manhattan, can yield high-stakes battles for even small spaces. When disputes about such spaces cannot easily be consensually resolved, legal “street fights” often develop rapidly, generating expedited proceedings. Successfully navigating these circumstances invokes an aphorism by British politician Charles Buxton: “In life, as in Full Article…
Adam Leitman Bailey, P.C. Successfully Defeats Motion to Dismiss Condominium Unit Owner’s Claims Related to Defective Plumbing
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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