In a case sadly reflective of certain decisions made by the judges of the housing court, the Appellate Term recently reinstated a non-primary residence proceeding that had been dismissed because the landlord sent a single letter to the daughter of the tenant of record acknowledging her recent move into her mother’s apartment. Based upon this Full Article…
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Adam Leitman Bailey, P.C. Wins Non-Primary Residence Case and Attorney Fees in Victory
When a tenant sought Adam Leitman Bailey, P.C.’s help after his landlord commenced an eviction proceeding for non-primary residence, the attorneys at Adam Leitman Bailey, P.C. defended the tenant, prevailed in the case, and were awarded legal fees. This case demonstrates the pitfalls of an aggressive attorney pushing a weak position and getting punished for Full Article…
Making New Law, Adam Leitman Bailey, P.C., Obtains A Victory For Homeowners Association
In a case of first impression, Adam Leitman Bailey, P.C., attorneys obtained a victory that could benefit homeowners associations throughout New York. The issue in the case was whether the Board of Directors of a homeowners association – a residential development located in Arverne, Queens County, New York, which consists of 121 privately deeded homes Full Article…
Adam Leitman Bailey, P.C. Protects Insured Lender in Common Charge Lien Foreclosure Proceeding
In Board of Managers of Lorraine Terrace Condominium v. Annor, et. al., Adam Leitman Bailey, P.C. successfully protected an insured Lender‘s security interest in a Westchester condominium property, in defeating Plaintiff’s claim that the Lender did not hold the “first mortgage of record” as is defined by § 339-z of New York’s Real Property Law. Section 339-z gives Full Article…
Adam Leitman Bailey, P.C., Uses Creative Interpretation of Note and Mortgage in Successful Defense of Title Insurer in Foreclosure Action
Adam Leitman Bailey, P.C.’s Title Insurance Claims Group was recently retained by a title insurance company to defend title to a residential property threatened by a private-party foreclosure action. In 2000, the then owner of a residential property in Queens obtained a loan from his sister in the principal sum of $36,000. The loan was Full Article…
Adam Leitman Bailey, P.C., Snatches Victory From The Jaws Of Defeat
The Firm’s client is the operator of popular self-service storage facilities in Manhattan. After Plaintiff fell into arrears in the payment of her monthly storage fees, our client conducted a sale of the personal property maintained in plaintiff’s storage locker, as authorized by the New York Lien Law. Plaintiff sued to challenge the sale. In Full Article…
Q&A: ‘Great’ Condo, With Stabilized Tenant
By JAY ROMANO January 25th, 2013 Q. I have found a great condominium to buy, but it is occupied by a rent-stabilized tenant. The broker says I would need to renew the lease every time the tenant wanted it renewed. I’ve read, though, that if an owner wants to use the unit for himself after purchase, Full Article…
Manhattan Newly Constructed Condominium Takes Over Sponsor Controlled Board and Receives $450k + Apartment + Significant Construction Work without Judicial Intervention
The unit owners of a 24 unit luxury new construction condominium in Manhattan hired Adam Leitman Bailey, P.C. after the unit owners’ complaints and concerns about construction defects were ignored by the sponsor-controlled Board, and demands by the unit owners to the sponsor that the sponsor turn over control of the Board to the residents Full Article…