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…
The New World of Prescriptive Easement Cases
By Adam Leitman Bailey and John M. Desiderio April 10, 2018 In their Land Use column, Adam Leitman Bailey and John M. Desiderio discuss how New York appellate courts determine whether or not a party is entitled to claim a prescriptive easement over another party’s land, and review a number of recent cases and claims. These Full Article…
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…
When Should a Landlord Hire a Lawyer?
November 14, 2017 By Adam Leitman Bailey When 8.5 million people are living vertically in a city that’s only 22.7 square miles large, landlord–tenant battles and tenant versus tenant wars are a daily occurrence. All landlords should hire a lawyer when a tenant fails to pay rent, properly take care of the property, when any Full Article…
Sheltering the Homeless in Rent-Stabilized Units
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…
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…
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