Suppose you strongly suspect that one of your tenants isn’t a primary resident. After doing a little digging (either by yourself or with the help of a private investigator), you discover that most, if not all, of the time, the tenant isn’t living at the apartment. But you want some extra proof of this fact Full Article…
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How to Win A Chronic Nonpayment Case, New York Housing Journal
By Adam Leitman Bailey, Dov Treiman & Carolyn Rualo Owners waste tons of money starting nonpayment cases and paying lawyers to prosecute these cases only to have the tenant pay on the eve of eviction and default again the very next month or months later. Most of the time, the legal fees and court costs Full Article…
Post-Sandy Legal Advice on Real Estate, Insurance and Property Issues
Dear Clients, These are trying times and they are testing our character and spirits. We shall overcome this and come back stronger. As your lawyers, we are honored to be able to assist you during these trying times. From both on the ground with reinforcements to our legal advice and notices like the one below, Full Article…
How to Maximize Your Insurance Coverage and Governmental Assistance Post-Sandy
By Adam Leitman Bailey & Colin Kaufman NOTE that this is general information which may apply to you, but is not a substitute for discussing your individual situation with your lawyer and/or insurance broker. You should be aware that there are strict time limitations which may apply. Q: How do I know if my home Full Article…
Finding Individual Tort Liability for Board Members, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc.,1 held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is Full Article…
Q&A: Insurance Coverage for Unofficial Sublet, The New York Times
By Jay Romano Q. I am unofficially subletting an apartment in Brooklyn. I pay the person whose name is on the lease, who lives in another state. We have not written up any official sublease, and I am guessing the management company doesn’t know I am here and wouldn’t approve of the arrangement. Will renter’s Full Article…
The Newly Constructed or Converted Condominium, The Cooperator
By Adam Leitman Bailey and John M. Desiderio At the height of the housing boom, some builders attempted to recapture profits lost in the price they paid for their properties by cutting costs spent on labor and materials, and many others could not find good contractors or obtain low prices for building materials. At the 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…