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…
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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…
By Conducting Aggressive Discovery Proving Bidder Could Not Prevail in Litigation, Adam Leitman Bailey, P.C. Overcomes Claims
Bidder sues successful buyer of property claiming that it was the rightful owner of property and actual buyer should have known about filed lawsuit. Adam Leitman Bailey, P.C.’s client was a small family company that, after saving for years, purchased a small multi-family King’s County apartment building in order to supplement their income. Their former counsel Full Article…
Adam Leitman Bailey, P.C. Defeats Claim Against Title Company Regarding a Purported Negligent Search
Adam Leitman Bailey, P.C. was retained by a title company in connection with a claim that the search performed by the title company was negligent. The title company was retained by the purchaser of the property in connection with the sale of a property that was inherited after the death of seller’s father. Seller represented Full Article…
State Legislature Restores Rights of Private Cooperatives That Were Formally Prohibited Under the House Stability and Tenant Protection Act of 2019
On June 14, 2019, the Governor signed into law the most sweeping changes to landlord tenant laws of a generation. While tenant advocates saw this law as a major victory, landlords decried it as heavily destructive of the profitability of private land ownership. Particularly hard hit were landlords outside of New York City who had Full Article…
Adam Leitman Bailey, P.C. Defeats Statute of Limitations Argument in Foreclosure Action Using Recent Court of Appeals Precedent
Adam Leitman Bailey, P.C. was retained by the note owner to take over its representation in a problematic foreclosure action. This particular loan was the subject of two prior foreclosure actions in addition to the instant action. The borrower argued that the loan was time barred by the statute of limitations because the first action was Full Article…
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