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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Adam Leitman Bailey, P.C. Defeats Application for Stay Pending Appeal, Defeats Renewal Motion, and is Awarded Judgment Of Foreclosure and Sale
In a foreclosure action being repeatedly delayed by the tactics of the Borrower, Adam Leitman Bailey, P.C. was retained to change in as counsel for Plaintiff and aggressively complete the action to a Judgment of Foreclosure and Sale. The 2015 action was originally dismissed in 2018 for Plaintiff’s failure to timely move for the appointment Full Article…
Adam Leitman Bailey, P.C. Successfully Navigates HUD Approval Process In Achieving Interest Rate Reduction Of A Senior Citizen Not-for-profit Housing Corporation’s Underlying Commercial Mortgage.
Adam Leitman Bailey, P.C. acts as general counsel to a not-for-profit housing company for senior citizens located in Brooklyn. The building in question was in dire need of various capital improvements and repairs, but with limited cash on hand to do so. The housing company sought to take advantage of pandemic-level interest rates to reduce Full Article…
De-Acceleration of Loan Found Valid to Defeat Statute of Limitation Defense Notwithstanding Word Processing Error In Stipulation of Discontinuance
In a mortgage foreclosure action where Adam Leitman Bailey, P.C. participated in the appeal to the Appellate Division, Second Department the lower court refused to grant the mortgagee summary judgment on its foreclosure complaint and for an order of reference finding that there was an issue of fact as to whether the claim was time Full Article…
Adam Leitman Bailey, P.C Utilizes “Zombie Foreclosure” Statute to Avoid Lengthy Foreclosure Process
Adam Leitman Bailey, P.C was retained by a Lender in connection with a foreclosure action of a vacant and abandoned building. Instead of moving for an Order of Reference and then having a Referee compute the amount due, the firm utilized a recent law to file a combined and expedited motion for all aspects of 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. Wins Appeal and Obtains Critical Information For Client In Rent Overcharge Dispute
Under New York law, if a landlord obtains J-51 tax benefits from New York City, the landlord must treat its tenants as rent stabilized. In this case, the owner failed to do so and for years treated our client as deregulated and charged rents exceeding that allowable under rent stabilization. Our client commenced a rent Full Article…
Adam Leitman Bailey Wins Heated Litigation After Aggressive Investigation Disproves Adversaries’ Prescriptive Easement Claims
Adam Leitman Bailey, P.C. was retained by the new purchaser of a house in the Hamptons to defend an ongoing case, brought by her neighbor, in which the neighbor claimed it had an prescriptive easement which gave it the right to continue to use the client’s property to access a nearby creek. Though the previous owner Full Article…