Adam Leitman Bailey, P.C. was retained by foreclosure lender (“Plaintiff”) to commence a foreclosure auction. Adam Leitman Bailey, P.C. prosecuted the action, secured a Judgment of Foreclosure and Sale, and auctioned the property. Plaintiff was the high bidder at the sale and the property reverted to Plaintiff by referee’s deed. Although Plaintiff took ownership of the property, the Full Article…
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In Erie County Action, Adam Leitman Bailey, P.C. Holds Foreclosure Auction and Closes to Third-Party High Bidder
With the continuing COVID-19 legislation staying foreclosures during the pandemic, lenders are stalled in prosecuting its actions and are having even more difficulty completing an auction. In this Erie County post-judgment of foreclosure and sale action, immediately upon the issuance of the COVID-19 conference requirements, Adam Leitman Bailey, P.C. requested that the required conference be set and then diligently followed Full Article…
Shady Business Dealings, Adam Leitman Bailey, P.C. Secures Favorable Settlement For Its Client
In a case where an investor was swindled by his business partner, Adam Leitman Bailey, P.C. was able to quickly secure a settlement saving its client’s investment. The investor purchased a property with the intent of developing and constructing a residential property to sell. In order to develop this new residential property, the investor entered in Full Article…
Adam Leitman Bailey, P.C. Secures Record Multi-Million-Dollar Settlement for Residential Developer
Adam Leitman Bailey defeats adverse possession claim and sells entire plot of land to plaintiff. As one of the experts in adverse possession cases in New York, I have never before seen an adverse possession case started by one party with the case ended by that party buying the land he was trying to steal. Full Article…
The Surfside Condo Collapse: Lessons for New York
The disastrous collapse in Surfside, Florida of the 40-year-old Champlain Towers South condominium tower should set off alarm bells in New York City, wherein it is estimated there presently are more than 1 million buildings, many of which are more than 100 years old, including several in Manhattan that were converted to cooperative apartment buildings Full Article…
The Evolving Burden of Proof for Foreclosure Judgments
By Adam Leitman Bailey… Judgments of foreclosure and sale granted in favor of lenders are being reversed. This article highlights the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy to successfully foreclose on a defaulted loan. Many foreclosure proceedings already at the judgment stage are being unwound for the proofs Full Article…
Under Regina, Just What Is Fraud?
Introduction The most talked about recent case in the real estate industry is Regina Metro v. DHCR (2020). In it, New York’s highest court, the Court of Appeals, set bright line standards in rent overcharge cases in rent stabilized apartments. Unfortunately, one of those lines was not bright enough. The question the Court of Appeals Full Article…
Development—Court Grants Petitioner License to Temporarily Enter Adjacent Property To Facilitate Construction of Petitioner’s Construction Project Pursuant to Real Property Actions and Proceedings Law §881, Subject to Terms and Conditions
The court granted the petitioner’s property owner a license, pursuant to Real Property Actions and Proceedings Law (RPAPL) §881, “to enter upon a portion of the land of respondent (adjacent property owner), subject to several terms and conditions.” The respondent was ordered to grant the petitioner, a limited non-exclusive license for access to the adjacent Full Article…
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