Transfer on Death Deeds

By Rosemary Liuzzo Mohamed The Adam Leitman Bailey, P.C. transactional department has seen a flood of properties transferred to trusts in the past five years. In addition to financially protecting one’s estate, a trust saves the property owner’s estate the lengthy probate process upon their death. Our transactional department has also seen a high number  Full Article…

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Permissive Encroachments Under Post-2008 Adverse Possession Law

Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008.  In  Full Article…

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A Comprehensive Guide to The Good Cause Eviction Laws

Introduction There has been quite a bit of attention in the Real Estate Industry paid to the “Good Cause Eviction Law” (GCE) signed into law on April 22, 2024. While the law gives a good deal of new paperwork for lawyers to complete when dealing with tenants, our office has developed procedures to make the  Full Article…

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New Home Construction Issues: 26 Years After ‘Fumarelli’

This article covers developments regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à vis purchaser-vendees of “new home” condominium and co-op residential construction. In this article, the authors, whose first jointly written article on new home construction was published  Full Article…

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Choosing Between Multiple Home Offers

Purchases and Sales have increased in the last few weeks and the Adam Leitman Bailey, P.C. transactional team is here for it! In fact, several of our selling clients have received multiple offers on their properties, and here are a few tips on navigating through this choice. Although it is tempting to go with the  Full Article…

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Adam Leitman Bailey, P.C. Gets Sponsor to Cure all Defects in New Construction Condominium in Record Time

Adam Leitman Bailey, P.C. was retained by the board of managers of a new construction condominium in Upper Manhattan to assist in getting the sponsor to fulfill its obligations pursuant to the condominium offering plan. The building had recently turned over to resident control after the sponsor had majority control of the board of managers  Full Article…

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Foreclosure Abuse Prevention Act in a Nutshell

In 2022, the New York State Legislature enacted the Foreclosure Abuse Prevention Act (FAPA), thereby amending several interrelated provisions of the Civil Practice Law and Rules (CPLR), the Real Property Actions and Proceedings Law (RPAPL), and the General Obligations Law (GOL), which affect how and when the statute of limitations may be invoked by defaulting  Full Article…

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Recently Passed Real Estate Nightmare Legislation

A review of some of the most noteworthy landlord-tenant related legislation of 2023 and early 2024 involving criminal background checks, stopping short-term tenancies, flood histories and rent regulation. While readers with differing interests will disagree about the cost/benefit effects of recent enactments (both legislative and regulatory) regarding the landlord-tenant relationship, all can agree that these  Full Article…

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