On November 8, 2009, the Appellate Division ruled that a building’s developer and not a condominium board shall be responsible for making repairs to a newly constructed building. In Lorne v. 50 Madison Avenue LLC, a unit owner sued the board of directors for failing to remediate a construction defect. A unanimous Appellate Division dismissed Full Article…
By Adam Leitman Bailey Q. In our Queens co-op (containing 68 apartments) we do not allow laundry washing machines. A few owners have had them from years back, others have recently renovated and installed washing machines in their apartments. This causes unacceptable foaming and backed up pipes in units above and below and bad bleach Full Article…
By: Adam Leitman Bailey & Dov Treiman March 20th, 2013 Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated Full Article…
By Adam Leitman Bailey And Rachel Sigmund Many stagnant foreclosures in the United States have been stuck in the judicial process for more than two years. This article describes how several states have addressed one of the primary legal impediments clogging the pipelines of pending or future foreclosures: lenders’ inability to locate the original mortgage Full Article…
By Adam Leitman Bailey and Dov Treiman There continues to be a good deal of confusion and controversy about what kinds of things the Civil Court can and cannot hear. Often litigants and sometimes even courts will mistake a call for the Civil Court to make a particular determination on the way to resolving a Full Article…
By Adam Leitman Bailey and Dov Treiman Attorneys are making too much money litigating disputes between commercial landlords and tenants. Even the most frequently used “standard form” leases permit tenants to stall and strangle property owners.1 And these same leases leave tenants without proper recourse when property owners fail to follow written commitments.2 Instead of Full Article…
By Adam Leitman Bailey and Dov Treiman On Oct. 14, 2009, these authors critiqued the then brand new Statutory Short Form Power of Attorney (POA) statute. In brief, we found it to be a disaster. Now sitting on the governor’s desk, awaiting signature, is a heavily amended version of the statute addressing a number of the Full Article…
By Adam Leitman Bailey and Dov Treiman Currently before the State Legislature are two bills, each jointly introduced in both houses, that would inject the state in the business of title insurance, damaging New York’s standing as the capital of real estate transactions. One would broaden the power of the State Insurance Fund to provide Full Article…
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