The history of real property law is replete with litigation over how one property owner’s assertion of its rights to control and adapt their property impacts their neighbors. These cases usually involve damage to a neighboring property resulting from acts of so-called trespass—which might better be termed a nuisance—one of the most common being damage Full Article…
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One of the Bedrocks of Real Estate Transfers: The Statute of Limitations Cannot Be Extended By State Courts in New York
In their article, Adam Leitman Bailey and Jeffrey Metz discuss how, in New York, courts generally lack the authority to extend statutes of limitations, with only narrow exceptions permitting tolling which reinforces the importance of timely legal action in real estate matters. Real estate markets require certainty. Lenders, developers, and all real estate actors require Full Article…
Lawful Source of Income Anti-Discrimination Laws as Applied to Rentals
Both New York State and New York City, as well as other municipalities within New York State, have laws on the books that prohibit discrimination by owners and managers of housing accommodations against prospective tenants based on the source of the tenants’ income. The New York State and New York City versions of these laws Full Article…
Distributing the Assets of a Limited Liability Corporation
By Adam Leitman Bailey By John M. Desiderio In New York, Limited Liability Corporations (“LLC[s]”) are governed under the Limited Liability Company Law. LLCs have “perpetual existence” but may dissolve without judicial intervention as otherwise provided for in Limited Liability Company Law, §701. Nevertheless, upon the petition of a member, or someone acting on behalf Full Article…
Adam Leitman Bailey, P.C. Forces Cooperative to Approve Alteration Plans and Settles Discrimination Lawsuit
A European woman and her young family sought to perform renovations to their cooperative apartment to expand the Building Code (“Building Code”), and submitted plans to the Board for review and approval. After multiple exchanges with the Board’s architect, the Board fully approved the renovations to the apartment, and the work went underway. Little did Full Article…
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…
Adam Leitman Bailey, P.C. Obtains $830,000 in Capital Grant Money for Mitchell-Lama Co-op
Adam Leitman Bailey, P.C. serves as general counsel to many condos and co-ops throughout the city, including Mitchell-Lama co-ops. The Mitchell-Lama program provides affordable rental and cooperative housing to moderate and middle-income families. Our co-op client had been interested in adding additional green space throughout the complex, including an outdoor garden area, outdoor fitness equipment, Full Article…
Managing the Ladder: An Overview of Modern Equitable Subrogation
As a follow-up to their previous article published almost 15 years ago, authors Adam Leitman Bailey and Dov Treiman discuss the law of equitable subrogation including many of the possible consequences from this doctrine in foreclosure practice. Almost 15 years ago, we authored “Split Between Departments Muddies Subrogation Doctrine” on this very page and this Full Article…
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