Adam Leitman Bailey Articles

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Mystery Solved: The Eviction of a Restaurant Without Anonymous Owner

  • Commercial Landlord Representation, Landlord Representation, Tenant Representation

A restaurant and bar had not paid rent for over 6 months.  A previous eviction attempt had been defeated in court by a tenant who had nothing to defend with other than a host of technical flaws in an earlier case. It was thus apparent that absolutely every detail down to the last comma was  Full Article…

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Landlord Prevails in NYC Court’s First Sandy-Related Commercial Lease Decision

  • Commercial Landlord Representation, Landlord Representation

A New York City judge ruled Monday that the owner of 100 Maiden Lane is not liable for its tenant’s loss of electricity following Hurricane Sandy, in what is believed to be the city’s first decision on a commercial lease case related to storm losses.

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Adam Leitman Bailey, P.C. Rescues Major Publicly Traded Company From Eviction

  • Commercial Landlord Representation, Commercial Tenant Representation, Condominium & Cooperative Representation, Landlord Representation, Real Estate Litigation

A major publicly traded company holding numerous New York properties came to ALBPC with a dilemma.  Its landlord at a building in a major up and coming neighborhood alleged that the company had been neglecting the rental property for decades.  As a result, the landlord was declaring forfeiture of the right to rent the property  Full Article…

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No Help for Jilted Sellers as Court Sticks With Precedent

  • Adam Leitman Bailey, Commercial Landlord Representation, Commercial Tenant Representation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Purchase & Sale of Homes

n White v. Farrell,1 the New York Court of Appeals ruled that the measure of damages for a buyer’s breach of a contract to sell real property, where the contract does not contain a liquidated damages clause as the seller’s exclusive remedy,2 is the difference between the contract price and the fair market value of the property on  Full Article…

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Economic Infeasibility: Rare Defense Requires Total Cooperation of Client

  • Commercial Landlord Representation, Division of Housing and Community Renewal (DHCR), Landlord Representation, Real Estate Administrative Proceedings/Environmental Control Board, Tenant Representation

By: Adam Leitman Bailey & Dov Treiman March 14th, 2007 Landlords subjected to Housing Part proceedings1 to enforce building codes, where compliance will cause severe economic distress, may attempt to defend themselves by raising the so-called “economic infeasibility” defense, the essence of which is that the cost of correcting the cited code violations is likely  Full Article…

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Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings

  • Commercial Landlord Representation, Commercial Leasing Services, Division of Housing and Community Renewal (DHCR), Landlord Representation, Real Estate Administrative Proceedings/Environmental Control Board

By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base  Full Article…

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Wrong Landlord Cited

  • Commercial Landlord Representation, Condominium & Cooperative Representation, Fire and Building Violations, Landlord Representation, Real Estate Administrative Proceedings/Environmental Control Board

Issue Date: June 2004, Posted On: 6/1/2004 Wrong Landlord Cited Frant Hotel LLC: ECB Viol. Nos. 34388519L, 34388484K & 34384806X (5/5/04) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued three violation notices on landlord’s building. The notices were addressed to prior landlord of the building. Current landlord  Full Article…

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Permit Not Required for Container

  • Commercial Landlord Representation, Condominium & Cooperative Representation, Fire and Building Violations, Landlord Representation, Real Estate Administrative Proceedings/Environmental Control Board

IssueDate:November2002, Posted On: 11/1/2002 Permit Not Required for Container Erica Lee Corp.: Viol. No. 109819454 (7/6/00) [1-pg. doc.] (Decision submitted by Adam Leitman Bailey of the Manhattan law firm of Adam Leitman Bailey, PC, attorneys for the landlord.) DOS issued a violation notice to landlord for not posting a permit for a 30-yard container. Landlord  Full Article…

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