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…
By Adam Leitman Bailey Property owners are losing time and money as a result of leases that could have been better drafted. Commercial property owners should be using leases that 1) maximize profits, 2) avoid lengthy court battles and 3) ameliorate the time and monetary losses suffered from a defaulting tenant. First, provisions should be added Full Article…
By Adam Leitman Bailey Q. I live in a 60 apartment co-op building. There are four tenants/shareholders who own dogs. Three have dogs that are well behaved, liked by just about everyone, and have never been a problem. The fourth, however, has two vicious dogs that have attacked individuals, and in one case bit a Full Article…
By Jeffrey R. Metz In the past 18 months, the judiciary and the City Council have carved out protections for tenants qualifying for what is commonly known as the Section 8 Program.1 Complaints that these new protections require owners, large and small, to lose a significant amount of control over those to whom they rent, 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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