On a cold Spring day, we were brought in by the developer of a newly constructed condominium to meet with the recently installed board of managers. The purpose of this meeting was to discuss the possibility of hiring our firm to deal with problems with the buildings. Having represented what seems like countless newly constructed buildings, I do not ever Full Article…
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Adam Leitman Bailey, P.C. Defeats Motion to Dismiss Clients’ Claims for Unpaid Commissions and Civil Rights Violations in Federal Court
In a wide-ranging case involving a real estate brokerage’s failure to pay commissions owed to one broker, and the brokerage’s racial discrimination against a real estate agent, religious discrimination against the broker, and retaliation against the broker for his opposition to the racist treatment of his co-worker, the agent, Adam Leitman Bailey, P.C. defeated, in Full Article…
In a Shareholder Derivative Action, Adam Leitman Bailey, P.C. Preserves Lender’s $2.9 Million Dollar Mortgage
Adam Leitman Bailey, P.C. was retained by a title company to represent a lender in a shareholder derivative action which was commenced by a limited partner, individually and on behalf of the partnership, alleging that the general partners were using the partnership as their own personal piggy bank taking out millions of dollar in unauthorized Full Article…
Adam Leitman Bailey, P.C. Defeats a Yellowstone Application and Obtains Sanction Against Recalcitrant Commercial Condominium Unit Owner
Although the owner of a unit in a commercial condominium was aware of the prohibition against parking on the premises, and her proprietary lease did not permit same, she parked four cars on her premises for many years. When the Board of Directors enacted new house rules reaffirming that no unit owner had parking rights, Full Article…
Adam Leitman Bailey, P.C. Defeats Motion to Vacate Note of Issue That was Filed One Day Too Late
In a highly irregular and favorable decision, Adam Leitman Bailey, P.C. defeated a motion to vacate Note of Issue by Defendant in a landlord-tenant lawsuit arguing that it was filed one day after the statutory deadline to file a motion had expired. Under New York’s Uniform Rules for the Supreme Court governing civil lawsuits, litigants Full Article…
Avoiding Usury: Determining the Maximum Interest That Can Be Legally Charged
Adam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: “In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter.” New York imposes two separate rates for determining usury, a Full Article…
Permissive Encroachments Under Post-2008 Adverse Possession Law
Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008. In Full Article…
New Home Construction Issues: 26 Years After ‘Fumarelli’
This article covers developments regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à vis purchaser-vendees of “new home” condominium and co-op residential construction. In this article, the authors, whose first jointly written article on new home construction was published Full Article…
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