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New Rules of Substantial Rehabilitation to Remove Units from Rent Regulation Part II

By Adam Leitman Bailey Assuming the criterion that the building is substandard or deteriorated has been met, this means that it has conditions that are in violation of law. In New York City, this creates an automatic right by the landlord to have access to the apartment for purposes of curing these violations, that is, to  Full Article…

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The New Rules of Seeking a Buyout of a Rent-Regulated Tenant

By Adam Leitman Bailey and Dov Treiman January 29, 2019 The New Rules of Seeking a Buyout of a Rent-Regulated Tenant In their Rent Regulation column, Adam Leitman Bailey and Dov Treiman discuss how recent changes to the New York City Administrative Code along with a recent decision in the Appellate Term, First Department, have  Full Article…

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Pay When Paid, Limits and Limitations

By Adam Leitman Bailey and Dov Treiman October 10, 2018 Adam Leitman Bailey and Dov Treiman discuss “Pay-if-Paid” clauses in construction contracts and write: “Like many jurisdictions across the United States, New York outlaws Pay-If-Paid clauses, but, in New York’s case, only indirectly.” Construction projects entail financial risk—risks for the owners of the property, risks  Full Article…

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Negotiating RPAPL §881 License Agreements

By Adam Leitman Bailey, John M. Desiderio, and Joanna Peck Feb 20, 2018 Adam Leitman Bailey, John Desiderio, and Joanna Peck discuss practical considerations for parties to consider when negotiating RPAPL §881 licensing agreements, noting that although §881 was once described as a “little-used law” it is now required reading for all attorneys with developer  Full Article…

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When Email Exchanges Become Binding Contracts

August 8, 2017 by Adam Leitman Bailey and John Desiderio In Stonehill Capital Management v. Bank of the West, 28 NY3d 439 (2016), the New York Court of Appeals held that an agreement to sell a distressed loan, in the auction loan trading market, was enforceable without the execution of a formal written contract. While  Full Article…

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