Newly constructed condominium buildings suffering from serious structural and nonstructural defects have infected my firm’s litigation caseload. Because of a total disregard of New York City’s fire and safety requirements, and the failure to provide insulation, a leak-free roof, a functioning HVAC system, and hundreds of other repairs, one of these buildings may need to Full Article…
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The Ins, Outs and All Arounds of New Construction, Divisions of Ubell Enterprises
By Adam Leitman Bailey When you buy a newly constructed property, your hope is to live in a home with the most technologically advanced electrical and ventilation systems, the latest appliances, the best fixtures, and perfect plumbing. You also want the advantage of owning brand-new big –ticket items such as the boiler and roof. The Full Article…
New Home Warranty: An Open Question Seeking an Answer, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio In 1998, in Fumarelli v. Marsam Construction, Inc.1 the New York Court of Appeals decided that the statutory housing merchant implied warranty contained in Article 36-B of the General Business Law2 “effects a complete substitute for the common law remedy” that the Court itself first proclaimed ten Full Article…
Q & A: One Good Reason, The Cooperator
By Adam Leitman Bailey Q. When an applicant applies to buy into a co-op and pays the high application fee, yet is denied by the board, shouldn’t they be given a reason why they were rejected? I feel strongly that the board is wrong in turning someone away without so much as an explanation, especially after Full Article…
Q & A: Dealing with Deadbeats, The New York Times
By Adam Leitman Bailey Q. I am the president of a 29-unit condo near Pennsylvania Station. The owners of one apartment have not paid their common charges for five years. They refuse to respond to any correspondence we send. The apartment is rented to tenants who claim they have no contact with the owners; they Full Article…
Standing to Sue Sham Condo, Co-Op Sponsors Changed, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Kramer v. W10Z/515 Real Estate Ltd. Partnership, 1 a recent decision of the Appellate Division, First Department, is a case of great importance to purchasers of new condominium and cooperative apartment units. In a sweeping opinion, the court completely overhauled, if not expressly overruled, a line of Full Article…
Q & A: A New Board Member Asks to See Old Minutes, The New York Times
By Adam Leitman Bailey Q. I was elected to the board of my self-managed co-op. After several meetings, I asked to see the minutes of the last five years so that I could better understand the building and its management. I was told that I did not have the right to see these minutes. It Full Article…
Navigating Buyers and Developers Through New Construction Deals, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio In late 2008, the real estate sky had started to fall and fall quickly. As a result of the loss of financing and wages, many purchasers in contract to buy a unit in a newly constructed building were either no longer able or willing to close on Full Article…