By: Adam Leitman Bailey & Jeffrey R. Metz February 20th, 2013 Brokers who deal with commercial properties are increasingly being denied their duly earned commissions. Given the multi-million transactions that are often involved in the world of commercial real estate in New York City, these commissions can be considerable and worth fighting over. Many of Full Article…
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Use Six Arguments to Beat Sanitation Violations
One big headache for many owners is getting hit with violations from the city’s Department of Sanitation (DOS). These violations include not keeping the sidewalk in front of your building clean, not sweeping 18 inches into the street, and not properly maintaining garbage receptacles. And now that DOS has raised the minimum base fine for Full Article…
Using the Judicial System to Abate the Foreclosure Crisis
By Adam Leitman Bailey And Rachel Sigmund Many stagnant foreclosures in the United States have been stuck in the judicial process for more than two years. This article describes how several states have addressed one of the primary legal impediments clogging the pipelines of pending or future foreclosures: lenders’ inability to locate the original mortgage Full Article…
Are Buyers of New Condos and Co-ops Subject to Caveat Emptor?
BY ADAM LEITMAN BAILEY AND JOHN M. DESIDERIO Before purchasing a condominium or cooperative apartment in a newly built high rise of six or more stories in New York, a prospective buyer needs to pay close attention to the warranty provisions of the sponsor’s offering plan and purchase agreement. Unless the agreement contains the sponsor’s Full Article…
Adverse Possession After the 2008 RPAPL Amendments
BY ADAM LEITMAN BAILEY AND JOHN M. DESIDERIO In 2008, the New York State Legislature enacted sweeping changes to those provisions of the Real Property Actions and Proceedings Law (RPAPL) that govern the circumstances under which title to real property may be acquired by adverse possession.1 The Legislature acted primarily to reverse the ruling of the Full Article…
Drafting a Better and More Effective Right of First Refusal
By: Adam Leitman Bailey & John M. Desiderio January 1st, 2007 Land transfers date back to biblical times and have been the subject of an inordinate amount of litigation. Of course, the importance and value of land and the necessity for shelter might help to explain many of the disputes. Some, however, are due to human Full Article…
Using a License Agreement Instead of a Lease
By Adam Leitman Bailey and John M. Desiderio A number of years ago, I sat down with one of the New York’s real estate legends and his company’s general counsel. He was bothered by New York’s eviction process — the loss of rental income, the wasted legal fees, and the incredible amount of time between Full Article…
Use Nine Arguments to Beat DOB Violations, Apartment Law Insider
If you’re like most owners, you’ve probably spent some time at the Environmental Control Board (ECB) fighting violations issued by the Department of Buildings (DOB). And you know it isn’t easy to beat those violations. That’s why it’s important to have as much ammunition as possible, to fight those violations successfully. To help you, ALI Full Article…
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