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…
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Miracle Lawyering, Strategizing And A Bit Of Luck Allows Client To Buy Dream Home After It Being In Probate And No Contract Signed While Being Sued By Purchaser of Existing Home For Damages, Breach of contract And Failing To Close
The client came to Adam Leitman Bailey, P.C. in an impossible situation. The client’s wife was 7th months pregnant during the height of COVID. She was not moving and the client’s dream home was not only not for sale but in probate without any indication as to who had the authority to sell. To make Full Article…
Rules on Partitioning Ownership Property Rights
Whether a property owned by two or more tenants-in-common can be partitioned “in kind,” i.e., by physically dividing the real estate or other property interest, or by subjecting it to a judicial sale, or even whether the property may be subject to partition at all, are issues that courts must decide when the property’s majority and Full Article…
The Largest Buyout Ever Overpaid in New York City
Adam Leitman Bailey, P.C. was contacted by rent-stabilized tenants of a residential apartment in New York in connection with a potential buyout case. We were given a mission: identify the landlord’s goals for the tenants’ building and secure a fair settlement amount that would allow the tenants to live comfortably for the rest of their Full Article…
Adam Leitman Bailey, P.C. Secures Largest Condominium Construction Defect Settlement in Brooklyn History
In 2018, Adam Leitman Bailey, P.C. was retained by a group of unit owners at a new construction condominium in Williamsburg, Brooklyn. The new build encompassed an entire block and contained over 200 units consisting of one to three-bedroom units, duplexes, lofts, penthouses and townhomes. On paper, the building sounded wonderful. In reality, however, the Full Article…
Adam Leitman Bailey Wins Heated Litigation After Aggressive Investigation Disproves Adversaries’ Prescriptive Easement Claims
Adam Leitman Bailey, P.C. was retained by the new purchaser of a house in the Hamptons to defend an ongoing case, brought by her neighbor, in which the neighbor claimed it had an prescriptive easement which gave it the right to continue to use the client’s property to access a nearby creek. Though the previous owner Full Article…
When Is Part Performance ‘Part Performance in Real Estate Cases’?
Adam Leitman Bailey and John Desiderio discuss the issue of “part performance,” the doctrine of which can overcome the Statute of Frauds in circumstances when parties enter into unwritten deals and don’t contemplate all the possible circumstances that might arise in the course of their dealings. In my 27 years as a real estate litigator, until recently, I Full Article…
Adam Leitman Bailey P.C. Stops The Frick From Building Access Door That Would Crowd The Beautiful Block With Massive Long Lines and Development
Earlier in 2022, a prominent family representing the homeowners of 71st Street learned that The Frick had planned for a new entrance for an American with Disabilities Accessibility (ADA) ramp on their block. The alleged plan was to allow access to the back entrance, thus creating an alternate entry point for catering and event hall Full Article…
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