By Adam Leitman Bailey and Dov Treiman One of the unusual features of rent control and rent stabilization is the ability to evict a tenant based on nuisance, even if the lease doesn’t give you the right to do so. The cause of action has been defined as “a continual course of conduct over a Full Article…
By Adam Leitman Bailey and Dov Treiman Most attorneys and nearly all educated tenants in this State are aware of the existence of the warranty of habitability. Few may know that it is statutory in basis, fewer care that it contradicts the common law, but most would be surprised by the types of occupancy to Full Article…
Adam Leitman Bailey, P.C., was recently called upon to investigate a tenant of record’s sister’s succession claim to a regulated apartment. Pursuant to applicable law, to remain in the apartment after the tenant vacated, the sister had the burden of proving a statutorily recognized familial relationship with the tenant (siblings qualify) and co-residency in the Full Article…
By Adam Leitman Bailey Understanding our local real estate market is vital to making current or future housing plans. New York City home prices have slowly been falling. Developers’ betting on the condominium market has turned every inch of property they could buy into condominiums that have expanded the selection of homes. This condominium conversion Full Article…
By Adam Leitman Bailey, Esq. Now that the financial crisis has hit, some owners are experiencing cash flow problems and their lenders have stopped or seriously tightened lending. At the same time, owners want to continue to increase their property values through buying out existing rent-regulated leases. To help our clients deal with this crisis, Full Article…
By Adam Leitman Bailey, Dov Treiman CPLR Article 78 gathers together the old writs used by the common law courts to review the work of administrative agencies. Section 7803 of that article limits the questions that can be raised in such proceedings to whether the agency failed to perform its duty, acted in excess of Full Article…
By Dov Treiman After decades of hearing predictions for paperless offices being just around the corner, we are finally seeing them because the environmental concerns make paper-based transactions unappetizing, and the inherent fragility of paper makes it last millennium’s technology. Amazingly, real estate, one of the most conservative of the areas of law has been Full Article…
By Adam Leitman Bailey and Dov Treiman Although beginning the process in 1848 [FN1] of leading the English speaking world in the development of civil procedure designed to achieve justice based on the deeds and misdeeds of the litigants, New York did not achieve any kind of genuine system to accomplish that goal until 1963. Full Article…
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