Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

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Tag Archives: contract

Rules Governing Anticipatory Repudiation of Contracts

  • John Desiderio, Real Estate Litigation

By John Desiderio June 11, 2019 In the practice of real estate law today, very few legal issues are getting as much attention and at the same time being applied incorrectly by practitioners as anticipatory repudiation (or breach) of contract. In this article, John Desiderio discusses the rules of anticipatory repudiation and attempts to discard  Full Article…

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Pay When Paid, Limits and Limitations

  • Adam Leitman Bailey, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, Dov Treiman, Real Estate Litigation, Title Insurance Claims Group

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…

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When Email Exchanges Become Binding Contracts

  • Adam Leitman Bailey, Condominium & Cooperative Litigation, John Desiderio, Purchase and Sale of Multi-Family Dwellings and Buildings, Real Estate Litigation

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…

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Defining the Limits Of Liquidated Damages Clauses

  • Adam Leitman Bailey, Commercial Leasing Services

By: Adam Leitman Bailey & Dov Treiman December 31st, 2014 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief among  Full Article…

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Getting a Brokerage Commission Paid

  • Adam Leitman Bailey, Real Estate Litigation

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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Negotiating Laundry Room Contracts, The Cooperator

  • Condominium & Cooperative Representation

By Adam Leitman Bailey and Dov Treiman It’s amazing how good building owners and managers are at increasing and garnering revenue from residential tenants while at the same time leaving themselves to the will and whim of laundry room operators who impose contracts lasting for decades with automatic renewals, rights of first refusal and other  Full Article…

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Defining When “Time is of the Essence”

  • Commercial Leasing Services, Purchase & Sale of Homes, Purchase and Sale of Multi-Family Dwellings and Buildings, Real Estate Litigation, Title Insurance Claims Group

By: Adam Leitman Bailey & John M. Desiderio May 9th, 2007 The Court of Appeals has recently reemphasized, for sellers’ attorneys, the importance of drafting clear and unequivocal “time of the essence” clauses in those real estate contracts where circumstances justify conditioning the sale upon the buyer’s timely performance of one or more stated conditions.  Full Article…

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