By: Adam Leitman Bailey & John M. Desiderio Adam Leitman Bailey is the founding partner of Adam Leitman Bailey, P.C., in New York, New York. John M. Desiderio is a partner in the New York, New York, office of Adam Leitman Bailey, P.C. ……………….. Until recently, a mortgage lender preparing to give a loan needed Full Article…
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Clarified Rules for Earning Brokerage Commissions
By: Adam Leitman Bailey & Jeffrey Metz October 8th, 2014 After years of uncertainty and fact-based decisions, the Appellate Division, First Department, in a thoughtful decision authored by Justice Rolando Acosta, clarified the guidelines for earning a real estate broker’s commission in Manhattan and the Bronx. This article devotes considerable time to Acosta’s decision and Full Article…
Court Grants License To Change Licensing Law Rules
By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest Full Article…
Impact of New York City’s Amended Noise Control Code, New York Law Journal
July 2nd, 2008 Although noise is a reality of modern urban living, it is also considered the leading quality of life issue in New York City.1 After nearly 40 years, the New York City Noise Control Code (the Code) was amended, effective July 1, 2007 (the Amended Code).2 The amendments define unreasonable noise as sound Full Article…
Declaratory Judgement: Judges May Weigh Title if Ancillary to Authorized Relief, New York Law Journal
By Adam Leitman Bailey and Dov Treiman December 13th, 2006 There continues to be a good deal of confusion and controversy about what kinds of things the Civil Court can and cannot hear. Often litigants and sometimes even courts will mistake a call for the Civil Court to make a particular determination on the way Full Article…
Navigating Buyers and Developers Through New Construction Deals, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio May 3rd, 2010 In late 2008, the real estate sky had started to fall and fall quickly. As a result of the loss of financing and wages, many purchasers in contract to buy a unit in a newly constructed building were either no longer able or willing Full Article…
Construing the HETPA Foreclosure Procedures, New York Law Journal
By Adam Leitman Bailey and Dov Treiman June 8th, 2011 As governments continue to wage war in the form of legislation against lending institutions, we move one step closer to economic chaos and the collapse of marketable title. When business cannot rely on government and courts to enforce contracts and provide for the smooth transfer Full Article…
Adverse Possession Changes Make Results Less Certain, New York Law Journal
By Adam Leitman Bailey and John Desiderio February 11th, 2009 On July 8, 2008, Governor Paterson signed into law S.7915-C, which amended New York’s adverse possession law, and two centuries of New York adverse possession doctrine came to an end. The new law is intended to prevent an absentee landowner from losing title to his Full Article…
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