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…
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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…
When Is Part Performance ‘Part Performance in Real Estate Cases’?
Adam Leitman Bailey and John Desiderio discuss the issue of “part performance,” the doctrine of which can overcome the Statute of Frauds in circumstances when parties enter into unwritten deals and don’t contemplate all the possible circumstances that might arise in the course of their dealings. In my 27 years as a real estate litigator, until recently, I Full Article…
Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action and Quiet Title Action
Adam Leitman Bailey, P.C. was retained by a Lender in connection with a foreclosure action and a quiet title action. The Lender’s predecessor in interest commenced a prior foreclosure action in 2009 that was ultimately dismissed without prejudice by the First Department Appellate Division on November 21, 2019. In response to the dismissal of the Full Article…
Adam Leitman Bailey P.C. Stops The Frick From Building Access Door That Would Crowd The Beautiful Block With Massive Long Lines and Development
Earlier in 2022, a prominent family representing the homeowners of 71st Street learned that The Frick had planned for a new entrance for an American with Disabilities Accessibility (ADA) ramp on their block. The alleged plan was to allow access to the back entrance, thus creating an alternate entry point for catering and event hall Full Article…
Adam Leitman Bailey, P.C. Defeats Landlord’s Partial Summary Judgment Motion Amidst Overlapping Claims in Parallel Holdover Proceeding
Adam Leitman Bailey, P.C. was retained by a tenant to defend him in a summary holdover proceeding. The proceeding, however, was far from a garden variety holdover proceeding predicated upon the termination of a long-term month-to-month tenancy. Instead, the Landlord here was so enraged by the Tenant’s exercise of his lawful right in applying for Full Article…
Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division
In a hotly contested dispute between the Board of a Condominium and the Sponsor of the Condominium, the Board brought suit alleging, among other things, that there were numerous construction defects that the Sponsor was obligated to remedy but failed to do so. The Board’s complaint noted that the defects included by were not limited Full Article…
Adam Leitman Bailey, P.C. Defeats Motion For Default And Contempt, As Well As Oath Summons, Despite Eleventh Hour Retention
On a street in Harlem known worldwide for the performance and production of music, an upstart hometown music recording studio was embroiled in a dispute with its neighbor who complained the performance and production of his music was causing damages to his quality of life. The dispute heated up and litigation was commenced by the Full Article…
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