Adam Leitman Bailey Articles

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right of first refusal Adam Leitman Bailey

Drafting a Better and More Effective Right of First Refusal

  • Adam Leitman Bailey, Commercial Leasing Services

By: Adam Leitman Bailey & John M. Desiderio January 1st, 2007 Land transfers date back to biblical times and have been the subject of an inordinate amount of litigation. Of course, the importance and value of land and the necessity for shelter might help to explain many of the disputes. Some, however, are due to human  Full Article…

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contract

Enforcing the Contract – Obtaining Down Payment on Specific Performance

  • Condominium & Cooperative Representation, Insurance Defense Litigation, Purchase & Sale of Homes

By Adam Leitman Bailey and John M. Desiderio At the pinnacle of real estate law, the real estate closing may be the most basic and common real estate experience, but the familiarity ends once a provision of the contract of sale has been breached. Inspired by the number of telephone calls, e-mails, and general correspondence  Full Article…

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license agreement, Adam Leitman Bailey

Using a License Agreement Instead of a Lease

  • Adam Leitman Bailey, Commercial Leasing Services

By Adam Leitman Bailey and John M. Desiderio A number of years ago, I sat down with one of the New York’s real estate legends and his company’s general counsel. He was bothered by New York’s eviction process — the loss of rental income, the wasted legal fees, and the incredible amount of time between  Full Article…

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Q & A: When Access to Utilities Is Limited

  • Q & A

By JAY ROMANO Published: June 8, 2003 Q. I rent the second-floor apartment of a two-family house. Both apartments are rented and the landlord lives out of state and has no registered agent for the property. The gas and electric meters, together with the electrical panels for both apartments, are on a side of the  Full Article…

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Despite ‘Jones,’ Ambiguities In Title Chain Can Be Cured

  • Adam Leitman Bailey, Foreclosure Litigation Group, Insurance Defense Litigation, Purchase and Sale of Multi-Family Dwellings and Buildings, Real Estate Litigation, Title Insurance Claims Group

By Adam Leitman Bailey and Dov Treiman When the Supreme Court decided Jones v. Flowers,1 it exacerbated a nagging problem for the title insurance industry – the necessity to do constitutional analysis when examining chains of title. With the current state of the economy, tax foreclosures are increasing. Thus, more properties have these ambiguities in  Full Article…

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self help evictions

The Availability of Self-Help Evictions to Commercial Landlords

  • Landlord Representation, Real Estate Administrative Proceedings/Environmental Control Board

By: Adam Leitman Bailey & John M. Desiderio January 1st, 2006 A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant’s defaulting on the payment of rent  Full Article…

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The roommate law

Can Co-ops Allow Roommates?

  • Q & A

Can Co-ops Allow Roommates? Q:I live in a self-managed co-op and we are getting conflicting information about whether co-ops can disallow roommates or not. We’ve heard that the board of directors has absolute decision making power over whether or not to allow roommates to move into a co-op. Others say it should be voted on  Full Article…

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The Limits of ‘Landaverde

  • Adam Leitman Bailey, Real Estate Administrative Proceedings/Environmental Control Board

By Adam Leitman Bailey and Dov Treiman When in mid-2004 the New York Court of Appeals came down with ATM One, LLC v. Landaverde, 1 it clearly knew that it was stirring a hornet’s nest of controversy. That the Court was affirming an already controversial holding of the Second Department did nothing to lessen the  Full Article…

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