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…
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…
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…
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…
By: Adam Leitman Bailey & Dov Treiman March 14th, 2007 Landlords subjected to Housing Part proceedings1 to enforce building codes, where compliance will cause severe economic distress, may attempt to defend themselves by raising the so-called “economic infeasibility” defense, the essence of which is that the cost of correcting the cited code violations is likely Full Article…
By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
Issue Date: June 2004, Posted On: 6/1/2004 Wrong Landlord Cited Frant Hotel LLC: ECB Viol. Nos. 34388519L, 34388484K & 34384806X (5/5/04) [2-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) DOB issued three violation notices on landlord’s building. The notices were addressed to prior landlord of the building. Current landlord Full Article…
HIGHLIGHTS / JUNE 2004 BUILDING VIOLATIONS Issue Date: June 2004, Posted On: 6/1/2004 Illegal Plumbing Installed 435 E. 65th Corp.: ECB Viol. No. 34392444H (9/17/03) [4-pg. doc.] (Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the tenant.) DOB issued a violation notice to landlord for installing illegal plumbing in the kitchen of tenant’s Full Article…
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