Texas Court Grants NATIONWIDE Injunction Halting Enforcement of the Corporate Transparency Act Requirements Less Than One Month Before Reporting Deadline As we have advised all of our condo and co-op clients over the past year, the Corporate Transparency Act (CTA) became effective in January 2024. It required many businesses – including condos and co-ops – Full Article…
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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…
Real Estate Company Coup–The Ousted President Hired Adam Leitman Bailey to Restore Order and Regain His Managing Member Powers and Fight Off Investors Successfully
In early August 2023, Adam Leitman Bailey picked up a phone call from a prospective new client, the managing member of a real estate investment and development company. The potential client’s tale was most dire: “I have been kicked out of the company I started. They shut off my email. A letter has been sent out that Full Article…
Adam Leitman Bailey, P.C. Swiftly Overcomes Obstacles to Property Sale Posed by Architectural Designer
Adam Leitman Bailey, P.C. successfully represented an owner of vacant property in Sag Harbor in persuading the client’s former architectural designer to cease making meritless objections to the client’s efforts to sell the property. The client had previously retained the designer to design plans for construction of a single-family house on the property. However, the Full Article…
Adam Leitman Bailey, P.C., On Behalf of Board, Defeats Temporary Restraining Order By Self-Dealing Owner in Complicated Litigation
SHAREHOLDERS’ DEMAND FOR PRELIMINARY INJUNCTION New York City’s extremely high density, especially in Manhattan, can yield high-stakes battles for even small spaces. When disputes about such spaces cannot easily be consensually resolved, legal “street fights” often develop rapidly, generating expedited proceedings. Successfully navigating these circumstances invokes an aphorism by British politician Charles Buxton: “In life, as in Full Article…
No Time to Waste: Adam Leitman Bailey, P.C. Expeditiously Stops Condominium Board From Forcing Impermissible Conditions Upon Right of First Refusal Waiver’s Issuance
French philosopher Simone de Beauvoir famously remarked “[t]here is something in the New York air that makes sleep useless.” That maxim is particularly resonant in the intense world of real estate disputes, especially when a condominium or coop’s board of managers engages in obstructionist behavior that, if not swiftly addressed, can quickly decimate a high-value sale. A recent engagement handled by Adam Leitman Bailey, P.C.’s senior litigation team demonstrates how the firm’s ability to deploy Full Article…
Adam Leitman Bailey, P.C. Successfully Restores Shareholder’s Children To Possession Following Her Tragic Death In Illegal Lockout Proceeding
Adam Leitman Bailey, P.C. was retained to restore the adult biological children of a deceased shareholder to possession of her Upper West Side Apartment following her sudden tragic death in Florida. Both sister and brother had resided in the apartment with their mother in the months preceding her passing as they strived to establish careers Full Article…
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