French philosopher Simone de Beauvoir famously remarked “[t]here is something in the New York air that makes sleep useless.” That maxim is particularly resonant in the intense world of real estate disputes, especially when a condominium or coop’s board of managers engages in obstructionist behavior that, if not swiftly addressed, can quickly decimate a high-value sale. A recent engagement handled by Adam Leitman Bailey, P.C.’s senior litigation team demonstrates how the firm’s ability to deploy Full Article…
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Adam Leitman Bailey, P.C. Facilitates Adoption of First Sale Capital Assessment for Mitchell-Lama Client
Adam Leitman Bailey, P.C. represents a number of Mitchell-Lama co-op developments throughout New York City. The Mitchell-Lama Program provides housing that is affordable to the middle class across New York State and is overseen by NYC’s Department of Housing Preservation and Development (HPD). An ongoing obstacle that many Mitchell-Lama co-ops face is keeping maintenance charges Full Article…
Adam Leitman Bailey, P.C. Secures Largest Condominium Construction Defect Settlement in Brooklyn History
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…
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…
Adam Leitman Bailey, P.C. Defeats Retroactive Application of Anti- SLAPP Action After Victory on Defamation and Malicious Prosecution Claims for Cooperative.
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…
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…
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