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…
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About John Desiderio
John M. Desiderio, Partner and Chair of the Real Estate Litigation Practice Group, has been a practicing attorney in New York City for over forty years. His practice is concentrated in cooperative/condominium representation, real estate litigation, title litigation, mortgage foreclosures, and counseling in antitrust and trade regulation matters.
John M. Desiderio is rated by Martindale-Hubbell as “AV Preeminent” signifying the “Highest Possible Rating in Both Legal Ability and Ethical Standards.” Mr. Desiderio has been rated “AV Preeminent” by Martindale-Hubbell for over 30 years and has been named a Super Lawyer in the New York Metro Area.
Mr. Desiderio received his A.B. degree from Fordham University in 1963, an LL.B. degree from the University of Pennsylvania Law School in 1966, and an LL.M. degree from New York University School of Law in 1969. He served as a Captain in U.S. Army Intelligence from 1966 to 1968.
From 1969 to 1980, Mr. Desiderio was an Assistant New York State Attorney General under Attorneys General Louis Lefkowitz and Robert Abrams, and from 1972 to 1980 he served as Chief of the Attorney General’s Anti-Monopolies (now Antitrust) Bureau. He entered private practice in 1981 and represented clients in antitrust, Civil Rico, real estate, and general civil litigation. From 1989 to February 1999, he was a member of a prestigious litigation firm.
He has extensive experience in conducting and defending depositions and in conducting trials and arguing appeals in both New York State and federal courts.
Mr. Desiderio has extensive litigation experience in representing both landlords and tenants in commercial and residential real estate litigation. His cases in this area have involved issues relating to ownership of title to property, the right to enforce contracts of sale, landlord obligations to furnish habitable dwellings, tenant obligations to meet conditions of their tenancy, and the applicability of common law and statutory warranties to newly constructed or converted condominium and cooperative apartments. Mr. Desiderio also leads the firm’s American with Disabilities Act defense practice.
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…
No Time to Waste: Adam Leitman Bailey, P.C. Expeditiously Stops Condominium Board From Forcing Impermissible Conditions Upon Right of First Refusal Waiver’s Issuance
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…
Adam Leitman Bailey, P.C. Achieves Favorable Settlement of Construction Defects Claims Against a Sponsor
Plaintiff, a unit owner at a Queens County condominium, brought an action against the Sponsor and the Sponsor’s managing agent, asserting the following causes of action against the Sponsor, relating to the allegedly defective construction of the Plaintiff’s unit: (1) breach of contract; (2) breach of warranty; (3) breach of the NYC noise code; and Full Article…
Rules on Partitioning Ownership Property Rights
Whether a property owned by two or more tenants-in-common can be partitioned “in kind,” i.e., by physically dividing the real estate or other property interest, or by subjecting it to a judicial sale, or even whether the property may be subject to partition at all, are issues that courts must decide when the property’s majority and Full Article…
Whether Co-op Boards Can Reject a Sale Because the Purchase Price Is ‘Too Low’
“Courts have mostly rejected anti-free market tactics of the board of directors but other cases have given boards discretion to allow such rejections.” Adam Leitman Bailey and John Desiderio discuss these cases and offer that “New York needs the Appellate Division to settle this quarrel.” Financially qualified cooperative buyer’s applications are being rejected by boards Full Article…
Adam Leitman Bailey, P.C. Secures A Highly Favorable Settlement On Behalf Of New Home Buyers Against A Developer That Breached Its Own Option Contract
Buyers who purchase homes in new developments can face a myriad of potential problems from construction delays to workmanship issues. However, during the overheated upstate pandemic real estate rush, a new hazard arises when unscrupulous developers cancelled contracts in favor of better offers, which was the very situation faced by Adam Leitman Bailey, P.C.’s clients, who Full Article…
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