October 10, 2017 By Adam Leitman Bailey and Dov Treiman As the city of New York seeks to phase out its use of rent-stabilized apartments as shelters for homeless people,1 the organizations that administer this program struggle for funding, and the courts struggle to find the correct theoretical framework to determine if the units are still 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…
Terminating Easements in States East of the Mississippi River
By Adam Leitman Bailey and Israel Katz One of this century’s most common sources of real estate litigation in the states east of the Mississippi River is easements. In urban areas, entire development projects have been halted as a result of easement agreements, many of them ancient. In our nation’s system of transferring title, in Full Article…
Contesting Relocation Liens: Innocent Landowners Get Burnt
June 13, 2017 By Adam Leitman Bailey and Dov Treiman In a decision stronger on emotion than analysis, the Court of Appeals in Rivera v. HPD1 recently eliminated a building owner’s rapid path to determining the validity of liens placed against its building for housing preservation & development’s expenses in relocating the building’s tenants when Full Article…
A Practitioner’s Guide to Understanding Interest
April 12, 2017 By Adam Leitman Bailey and Dov Treiman While prohibited in some religious traditions,1 interest is one of the most pervasive concepts in the American economy. Seemingly simple on its surface, it presents a bewildering amount of complexity as soon as one digs into its legal implications. Real Estate practitioners must know the Full Article…
Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River
By Adam Leitman Bailey and Matthew Eichel January/February 2016 Vol. 30 No. 1 The doctrine of adverse possession, under which a party can obtain title to real property owned by another, is surprisingly uniform throughout the eastern portion of the United States despite being a state law concept. The basic elements a party must demonstrate Full Article…
Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River: American Land Title Association
The basic elements a party must demonstrate to successfully claim adverse possession are essentially the same throughout these states. One must show by clear and convincing evidence that he or she has actually and exclusively possessed the land in an open, notorious, continuous, and hostile/adverse manner under claim of right for the statutory period. Where Full Article…
Court Clarifies Condo Owners’ Right to Inspect
December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v. Full Article…
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