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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Defining the Limits Of Liquidated Damages Clauses
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…
Impact of New York City’s Amended Noise Control Code, New York Law Journal
July 2nd, 2008 Although noise is a reality of modern urban living, it is also considered the leading quality of life issue in New York City.1 After nearly 40 years, the New York City Noise Control Code (the Code) was amended, effective July 1, 2007 (the Amended Code).2 The amendments define unreasonable noise as sound Full Article…
Q & A: What to Expect After Deregulation
Q.My rent-stabilized apartment in New York City has just become deregulated as a result of high rent/high income deregulation. Is the landlord legally required to give me first consideration on a new lease at market rate, and must that new rate be reasonable and legally fair?
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…
Enforcing the Contract – Obtaining Down Payment on Specific Performance
By Adam Leitman Bailey and John M. Desiderio At the pinnacle of real estate law, the real estate closing may be the most basic and common real estate experience, but the familiarity ends once a provision of the contract of sale has been breached. Inspired by the number of telephone calls, e-mails, and general correspondence Full Article…
The Most Influential Commercial Lease Cases in the Last Century that Every Drafter and Litigator Must Know, New York Real Property Law Journal
By Adam Leitman Bailey & Dov Treiman For almost two years, we have been compiling a list of the greatest commercial lease cases of all time. The authors have always been fans “greatest” lists—there being something special about choosing the best among so many great people, entertainers, athletes, composers, or, in our case, cases that Full Article…
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