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The Sound and the Fury: Noise in Rentals, Co-ops and Condos

By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems of noise resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming children.  Full Article…

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The State of the Business Judgment Rule Appellate Court Rulings By Adam Leitman Bailey

February 2016 By Adam Leitman Bailey   The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG).  This article will review some of those changes and the most significant appellate cases affecting cooperatives and condominiums.  Full Article…

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The Rules for Allowing Pets in ‘No-Pet’ Buildings

April 13th, 2016 By Adam Leitman Bailey and John M. Desiderio   When determining whether an owner’s pet qualifies for admittance in a “no-pet” building, cooperatives and condominiums must be extremely careful to follow the federal, state, and city fair housing laws governing how far a board can go when investigating and denying an animal’s  Full Article…

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Seven Secrets to Drafting An Effective Commercial Lease Default Lease

An effective commercial lease will dictate the future relationship between landlord and tenant. The more clauses forcing the commercial tenant to comply with its obligations, the better chance the landlord will have in not only have a successful relationship but also ensuring that the rent is paid and the tenant behaves. Below are some of  Full Article…

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Attorneys Answer Six More Questions Boards Have About Superstorm Sandy, Habitat Magazine

By Adam Leitman Bailey, Leonard H. Ritz and Dov Treiman Jan. 15, 2013 — In this second of two installments, leading real-estate attorneys answer more condo and co-op board members have been asking about what’s expected of them and of shareholders / unit-owners in the terrible aftermath of superstorm Sandy. Q: Does the Board have  Full Article…

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Finding Individual Tort Liability for Cooperative and Condominium Board Members, the Appellate Division Takes a Large Scalpel to Business Judgment Rule, Thompson Reuters News & Insight

By Adam Leitman Bailey, John M. Desiderio (Adam Leitman Bailey is the founding partner of Adam Leitman Bailey P.C., and John M. Desiderio is Chair of the firm’s Real Estate Litigation Group. Colin E. Kaufman, another firm partner, contributed to the insurance issues discussed in the article.)  Recently, the Appellate Division First Department, in Fletcher  Full Article…

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Applying the Business Judgement Rule: Individual Tort Liability for Co-op & Condo Boards, The Cooperator

By Adam Leitman Bailey February 1st, 2013 Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board  Full Article…

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Owner’s Rights to Inspect Management Records, New York Law Journal and N.Y. Real Property Journal

By Adam Leitman Bailey April 10th, 2013 Since the Legislature gave birth to the first cooperative and condominium laws, very few issues have had as much attention and confusion as boards’ concerns about the extent of unit owners’ access to inspect the management books and records. Regarding cooperative buildings, many of the most prominent questions  Full Article…

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