In a case which personally affected Mr. Bailey and the members of his firm, a disgruntled developer attempted to have Mr. Bailey abandon his client—the lone tenant in a building which the developer sought to turn into luxury condominiums—by suing Mr. Bailey and the firm for $25,000,000.00 in damages for alleged abuse of process and Full Article…
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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…
Be Quick but Don’t Hurry: Adam Leitman Bailey, P.C.’s Proficient and Efficient Representation of Transactional Clients
It is crucial for both the prospective purchaser and prospective seller in a real estate transaction to understand the contract of sale as it relates to both the financial terms of the transaction and the respective obligations of the parties pursuant to the terms of the agreement. Parties to a real estate transaction have traditionally 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…
Adam Leitman Bailey, P.C. Wins Summary Judgment and Dismissal of Prior Owner’s Affirmative Defenses in Highly Contested Post-Foreclosure Eviction Proceeding
Representing the purchaser of a single-family Queens home after foreclosure, Adam Leitman Bailey, P.C. won summary judgment and dismissal of affirmative defenses with a judgment and warrant of eviction against the prior owner following a foreclosure sale. We commenced the summary eviction proceeding by filing a holdover petition after serving the prior owner with a requisite notice Full Article…
Adam Leitman Bailey, P.C. Obtains Payment of Commission for Real Estate Salesperson
Adam Leitman Bailey, P.C. obtained payment by a real estate brokerage of commissions owed to a real estate salesperson as a result of his involvement in a sale of property that had generated millions of dollars in commissions to the brokerage. The salesperson had assisted in locating a purchaser for the property in a new, Full Article…
Dismissal of Mechanic’s Liens
The Court does not have the discretion to dismiss a mechanic’s lien except on the statutory grounds stated in the Lien Law. These are: (1) Section 19(6) – summary discharge if the lien is defective on its face; (2) Section 20 – payment into court of the amount of the lien; (3) Section 37 – Full Article…
Changes to the Peconic Bay Tax
The five East End towns of the Peconic Bay Region in Suffolk County, New York are East Hampton, Shelter Island, Southampton, Riverhead, and Southold. When purchasing a home in this region, a purchaser will pay a one-time transfer tax called the Peconic Bay Region Community Preservation Fund (or CPF), (“Peconic Bay Tax”). Up until recently, Full Article…
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