Adam Leitman Bailey Articles

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Development—Court Grants Petitioner License to Temporarily Enter Adjacent Property To Facilitate Construction of Petitioner’s Construction Project Pursuant to Real Property Actions and Proceedings Law §881, Subject to Terms and Conditions

  • Adam Leitman Bailey, License Agreements and Real Property Actions and Proceedings Law (“RPAPL) § 881 Actions, Real Estate Litigation

The court granted the petitioner’s property owner a license, pursuant to Real Property Actions and Proceedings Law (RPAPL) §881, “to enter upon a portion of the land of respondent (adjacent property owner), subject to several terms and conditions.” The respondent was ordered to grant the petitioner, a limited non-exclusive license for access to the adjacent  Full Article…

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By Conducting Aggressive Discovery Proving Bidder Could Not Prevail in Litigation, Adam Leitman Bailey, P.C. Overcomes Claims

  • Eric S. Askanase, Marianne Sanchez, Real Estate Litigation

Bidder sues successful buyer of property claiming that it was the rightful owner of property and actual buyer should have known about filed lawsuit. Adam Leitman Bailey, P.C.’s client was a small family company that, after saving for years, purchased a small multi-family King’s County apartment building in order to supplement their income.  Their former counsel  Full Article…

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Adam Leitman Bailey, P.C. Defeats Claim Against Title Company Regarding a Purported Negligent Search

  • Danny Ramrattan, Jackie Halpern Weinstein, Real Estate Litigation

Adam Leitman Bailey, P.C. was retained by a title company in connection with a claim that the search performed by the title company was negligent.  The title company was retained by the purchaser of the property in connection with the sale of a property that was inherited after the death of seller’s father.  Seller represented  Full Article…

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Another Hard Fought Victory by Adam Leitman Bailey, P.C. for a Townhouse Developer under RPAPL § 881: By Digging In and Investigating and Uncovering an Insurmountable Amount of Evidence, Adam Leitman Bailey, P.C. Gave the Court Only One Path To Follow

  • Joanna Peck, John Desiderio, Real Estate Litigation

In RLM TH LLC v. 162 East 70th Street Trust LLC, Adam Leitman Bailey, P.C. succeeded in a Real Property Actions and Proceedings Law  (“RPAPL”) § 881 proceeding commenced against a neighboring homeowner, after Respondent refused to negotiate in good faith with Petitioner concerning, inter alia, construction on a shared party wall between Petitioner’s and Respondent’s townhouses on  Full Article…

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Adam Leitman Bailey, P.C. Obtains Extension of Time to Make Mortgage Payment for Bronx Building Owner Using Arcane Legal Theory That Gets Lender’s Attention

  • Adam Leitman Bailey, Michelle Brown, Mortgage Finance Practice Group

Many of the commercial and residential tenants in the Bronx during the pandemic could not afford to pay their rent during the pandemic or chose not to because the government did not make payment mandatory.  As a result the owner of the building, Adam Leitman Bailey’s client, could not make its mortgage payment. Adam Leitman  Full Article…

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Co-op and Condo Owners’ Right To Inspect: An Update

  • Adam Leitman Bailey, Adam Leitman Bailey, Condominium & Cooperative Representation, John Desiderio

With orders to stay indoors, and residents working at home and boards tasked with deciding on how to run their buildings making important decisions on how to avoid spreading the deadly virus, heightened tensions and heated moments between shareholders and owners and their boards naturally reached new levels. One of the tools used to engage  Full Article…

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Adam Leitman Bailey, P.C. Halts Airbnb Abuses by Unit Owner

  • Condominium & Cooperative Representation, Joanna Peck, Landlord Representation, Real Estate Litigation

The Board of a Condominium engaged Adam Leitman Bailey, P.C. after one of its units owners repeatedly listed his apartment on Airbnb, and other transient use websites, for short-term rentals, in violation of New York law and the governing documents of the building. Specifically, § 27-2004.a.8(a) of the Housing Maintenance Code, expressly prohibits transient, short-term  Full Article…

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Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project

  • Adam Leitman Bailey, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, Joanna Peck, Landlord Representation, Rachel Sigmund, Real Estate Litigation

In New York City, some buildings are sacrosanct.  They may not be good looking or special from the outside but what they do on the inside helps save lives.  When Adam Leitman Bailey attorneys received the emergency call and ran to this building, upon arriving we were shuffled into an office and briefed on the  Full Article…

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