Adam Leitman Bailey Articles

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Understanding This Real Estate Market: Securing, Surviving and Profiting

  • Adam Leitman Bailey, Condominium & Cooperative Representation, Real Estate Administrative Proceedings/Environmental Control Board

By Adam Leitman Bailey Understanding our local real estate market is vital to making current or future housing plans. New York City home prices have slowly been falling. Developers’ betting on the condominium market has turned every inch of property they could buy into condominiums that have expanded the selection of homes. This condominium conversion  Full Article…

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Whatever Happened to Article 78?

  • Adam Leitman Bailey, Insurance Defense Litigation, Landlord Representation, Real Estate Administrative Proceedings/Environmental Control Board

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…

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rpapl amendments Adam Leitman Bailey

Adverse Possession After the 2008 RPAPL Amendments

  • Real Estate Administrative Proceedings/Environmental Control Board

BY ADAM LEITMAN BAILEY AND JOHN M. DESIDERIO In 2008, the New York State Legislature enacted sweeping changes to those provisions of the Real Property Actions and Proceedings Law (RPAPL) that govern the circumstances under which title to real property may be acquired by adverse possession.1 The Legislature acted primarily to reverse the ruling of the  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 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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Door Partly Closes for Buyer’s Brokers Seeking Fee

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

By Adam Leitman Bailey and Jessica D. Scherer As a result of the Statute of Fraud’s brokerage commission exception, real estate owners should not engage or utilize the services of a real estate broker or enter into any transaction involving a real estate agent without a written agreement declaring that a commission shall only be  Full Article…

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Adam Leitman Bailey, building violations

Use Nine Arguments to Beat DOB Violations, Apartment Law Insider

  • Adam Leitman Bailey, Commercial Leasing Services, Fire and Building Violations

If you’re like most owners, you’ve probably spent some time at the Environmental Control Board (ECB) fighting violations issued by the Department of Buildings (DOB). And you know it isn’t easy to beat those violations. That’s why it’s important to have as much ammunition as possible, to fight those violations successfully. To help you, ALI  Full Article…

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How to Comply With the City’s Building Code

  • Real Estate Administrative Proceedings/Environmental Control Board

The City’s new building code takes effect July 1, 2008. Some provisions apply to owners of existing buildings. Are you ready to meet the new code’s requirements? This seminar will give an overview of the key provisions of the new code and explain in detail what owners of existing buildings must do to comply with  Full Article…

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