On June 20, 2023, the New York State Assembly passed amendments to the LLC Transparency Act amending sections of New York’s Limited Liability Company Law to require the disclosure of information relating to the beneficial owners of a limited liability company registered or qualified to do business in New York. The amendments take effect one year Full Article…
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Awarding Attorney Fees in Access to Property Proceedings
The right to access another’s property codified in RPAPL §881, once described, as recently as 2002, as a “little-used law” (as quoted in Rosma Development, LLC v. South, 5 Misc.3d 1014(A), 798 NYS2d 713 (Sup. Ct., King. Co., 2004) (Schmidt, J.), is now used for lawsuits that arise on a frequent basis, amidst the constantly evolving Full Article…
A Street Fight in the Bronx
ADAM LEITMAN BAILEY’S FIRM HELPED SETTLE A BRONX BRAWL OVER LAND BETWEEN TWO PARTIES AND BROUGHT VICTORY AGAINST A LONG-STANDING POWERFUL FAMILY IN NEW YORK. This matter came to Adam Leitman Bailey, P.C. (ALBPC) at the beginning of 2017. The resulting decision issued by the Appellate Division on March 9, 2023—six years later—shows how dogged Full Article…
Dismissal of Mechanic’s Liens
The Court does not have the discretion to dismiss a mechanic’s lien except on the statutory grounds stated in the Lien Law. These are: (1) Section 19(6) – summary discharge if the lien is defective on its face; (2) Section 20 – payment into court of the amount of the lien; (3) Section 37 – Full Article…
Changes to the Peconic Bay Tax
The five East End towns of the Peconic Bay Region in Suffolk County, New York are East Hampton, Shelter Island, Southampton, Riverhead, and Southold. When purchasing a home in this region, a purchaser will pay a one-time transfer tax called the Peconic Bay Region Community Preservation Fund (or CPF), (“Peconic Bay Tax”). Up until recently, the Full Article…
What Happens When a Party Wall Spoils the Party?
Many reasons occasioned by the Housing Stability and Tenant Prevention Act disincentivized property owners from improving existing buildings because either (a) they could not greatly increase rents after a rent-regulated tenant vacated a unit, or (b) they could not obtain approved rent increases by improving the major components of a building. The only way to Full Article…
Adam Leitman Bailey Saves Upper East Cooperative From Forced NYU Combination With Neighboring University Building
To fall in love with where you live is one of life’s grandest gestures, finding peace and passion in the places you call home. For residents of New York, the city that glimmers day and night, it’s hard not to cherish the homes made among the glittering buildings. New York is a place so uniquely Full Article…
A Lender’s Guide To Hiking Through the Retroactive Trails of the Foreclosure Abuse Prevention Act
Lenders in New York are battling backwards to foreclose on loans that are indisputably due and owing. On Dec. 30, 2022, Governor Kathy Hochul signed into law the controversial Foreclosure Abuse Prevention Act (FAPA) in direct response to the New York State Court of Appeals’ decision in Freedom Mtge. Corp. v. Engel, 37 N.Y.3d 1 (2021), Full Article…
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