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…
Search the Library
Viewing 649 to 656 of 682 items
The Fine Lines in Suing to Evict Tenants’ Families, New York Law Journal
By Adam Leitman Bailey When it comes to subletting, relatives are in an entirely different category than other persons. Relatives stand at the boundary line between family members who occupy the premises as an incident of the family relationship1 and strangers who bought into the right or privilege to occupy the premises.2 While occupancy as Full Article…
Q & A: The Owner of Record Has Left the Building, The New York Times
By Adam Leitman Bailey Q. I have a co-op unit on the market that has water damage from a shower leak in the apartment above me. I asked the management company to write a letter advising the resident of the unit that she is responsible for the damage. The management company wrote the letter to Full Article…
Leasing Dinosaurs, New York Law Journal
By Adam Leitman Bailey and Dov Treiman All of the commercially available form leases for rent-stabilized tenancies are admirable examples of attorney language crafting. They were in their day the latest brilliant word in what sorts of protections a landlord would want to have for the landlord and begrudge to the tenant. They carefully walked Full Article…
Q & A: Creaks, Leaks and the Law, The Cooperator
By Adam Leitman Bailey Q. I recently purchased a unit in a newly built condominium complex in Manhattan. Upon moving into my apartment, I discovered that the plumbing systems did not function. In addition, the shelves in the kitchen were improperly installed, the floors were chipped and the roof leaked. Unfortunately, I had already closed Full Article…
New Construction: What You Need to Know, New York Living
By Adam Leitman Bailey When you buy a newly constructed property, you hope to live in a home with the most technologically advanced electrical, ventilation, and air-conditioning systems, and the latest appliances, fixtures, and plumbing. You also want the advantage of owning brand-new big-ticket items, such as the boiler and roof. The replacement or repair Full Article…
The Ins, Outs and All Arounds of New Construction, Divisions of Ubell Enterprises
By Adam Leitman Bailey When you buy a newly constructed property, your hope is to live in a home with the most technologically advanced electrical and ventilation systems, the latest appliances, the best fixtures, and perfect plumbing. You also want the advantage of owning brand-new big –ticket items such as the boiler and roof. The Full Article…
Q & A: Noise, the Bane of City Living, The New York Times
By Adam Leitman Bailey Q. My wife and I own an apartment in a Midtown co-op, and one of our living-room walls abuts the building next door. About nine months ago, we heard sounds of hammering and drilling through the wall. Later, we began hearing the sound of a television set, doors slamming and voices Full Article…
Twitter