By Adam Leitman Bailey and John M. Desiderio How is a co-op applicant to know whether a rejection decision was made for legitimate corporate purposes, or because of one or more board members’ unlawful motivations? The first place to look would be the co-op’s minutes of its board meetings. Adam Leitman Bailey and John Desiderio Full Article…
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Whether Co-op Boards Can Reject Purchasers for a ‘Too Low’ Sales Price
Adam Leitman Bailey and John Desiderio discuss ‘Stromberg v. East River’ which provides new guidance on when co-op boards may consider sale price in rejecting a purchaser without losing protection under the business judgment rule. In 2022, in a prior article, the authors concluded: “Until there is a clear holding by an appellate court that Full Article…
When Is a Breach of a Real Estate Contract ‘Material’?
Adam Leitman Bailey and John M. Desiderio explain how New York courts decide whether a buyer’s or seller’s failure to meet a real estate contract obligation is a “material” breach that justifies remedies such as forfeiture of a deposit, rescission, or specific performance. Whether a default is deemed “material” often determines whether a purchaser forfeits Full Article…
Adam Leitman Bailey, P.C. Defeats Summary Judgment by Long-Term Squatter Claiming Adverse Possession to Part of its Client’s Commercial Building
Adam Leitman Bailey, P.C.’s client is a commercial developer with numerous holdings throughout the City, including many former commercial properties that it has repurposed. In this case, our client purchased two adjacent buildings in Manhattan with the intent to combine them into a new property. One of the buildings was immediately leased back to its 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 a Yellowstone Application and Obtains Sanction Against Recalcitrant Commercial Condominium Unit Owner
Although the owner of a unit in a commercial condominium was aware of the prohibition against parking on the premises, and her proprietary lease did not permit same, she parked four cars on her premises for many years. When the Board of Directors enacted new house rules reaffirming that no unit owner had parking rights, 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…
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…
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