Adam Leitman Bailey, P.C. was retained by a Cooperative to pursue a defamation claim brought against a former Board member and a shareholder for posting and disseminating libelous and defamatory remarks against the Cooperative Board of Directors. The Defendants counterclaimed alleging “lack of probable cause” and “intimidation” and seeking unspecified damages. The Cooperative filed a Full Article…
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Representing a Mitchell-Lama Cooperative, Adam Leitman Bailey, P.C. Secures Surrender of Multiple Apartments in Non-Primary Residence Cases
Cooperative apartment buildings in New York governed by Mitchell-Lama Rules are required to ensure residents’ compliance with the rules. Akin to rent stabilization and rent control laws, shareholders must primarily reside in the apartment and may not generally sublet their apartment. When suspecting rules violations, management investigates whether unauthorized occupants are present in the apartment Full Article…
Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division
In a hotly contested dispute between the Board of a Condominium and the Sponsor of the Condominium, the Board brought suit alleging, among other things, that there were numerous construction defects that the Sponsor was obligated to remedy but failed to do so. The Board’s complaint noted that the defects included by were not limited Full Article…
Co-ops Are Exempted From The 2019 Housing Stability Tenant Protection Act
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…
Adam Leitman Bailey, P.C. Gets Back Terrace Space Belonging to Client
Adam Leitman Bailey, P.C. was retained by the unit owner of a new construction condominium in upper Manhattan in connection with a dispute concerning the size of the unit owner’s terrace. In particular, the amount of “as built” terrace area owned by our client was approximately 85 square feet (SF) larger than the area that Full Article…
Adam Leitman Bailey, P.C. Helps Landlords and Sellers Navigate the Pandemic Against Defaulting Renters and Purchasers
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…
State Legislature Restores Rights of Private Cooperatives That Were Formally Prohibited Under the House Stability and Tenant Protection Act of 2019
On June 14, 2019, the Governor signed into law the most sweeping changes to landlord tenant laws of a generation. While tenant advocates saw this law as a major victory, landlords decried it as heavily destructive of the profitability of private land ownership. Particularly hard hit were landlords outside of New York City who had Full Article…
Co-op and Condo Owners’ Right To Inspect: An Update
With orders to stay indoors, and residents working at home and boards tasked with deciding on how to run their buildings making important decisions on how to avoid spreading the deadly virus, heightened tensions and heated moments between shareholders and owners and their boards naturally reached new levels. One of the tools used to engage Full Article…
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