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Tag Archives: John Desiderio

The “Irreparable Harm” Conundrum in Obtaining a Preliminary Injunction

  • Adam Leitman Bailey, John Desiderio

Situations arise every day requiring attorneys to commence an action seeking court intervention to obtain immediate provisional relief, “respecting the subject of the action,” to protect a client against actions, in violation of the client’s rights, by a person, who is either threatening,  about to do, doing, or procuring or suffering to be done, actions,  Full Article…

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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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The New World of Prescriptive Easement Cases

  • Adam Leitman Bailey, John Desiderio, Real Estate Litigation, Title Insurance Claims Group

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…

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Negotiating RPAPL §881 License Agreements

  • Adam Leitman Bailey, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, John Desiderio, Real Estate Litigation

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…

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When Can Condo and Co-op Boards Fine the Owners and Residents?

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, John Desiderio

January 30, 2018 By Adam Leitman Bailey and John M. Desiderio Adam Leitman Bailey and John M. Desiderio review the authority given to boards of condominiums and cooperative corporations to impost and enforce respectively on condo unit owners and cooperative shareholder-tenants who violate building house rules. This article will review the authority given to boards  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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The Rules for Allowing Pets in ‘No-Pet’ Buildings

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Owner & Shareholder Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, John Desiderio, Landlord Representation, Tenant Representation

April 13th, 2016 By Adam Leitman Bailey and John M. Desiderio When determining whether an owner’s pet qualifies for admittance in no pet buildings, cooperatives and condominiums must be extremely careful to follow the federal, state, and city fair housing laws governing how far a board can go when investigating and denying an animal’s entrance.  Full Article…

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Court Clarifies Condo Owners’ Right to Inspect

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, John Desiderio, Real Estate Litigation

December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v.  Full Article…

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