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Tag Archives: Lease

“Tenant Protection: Suggestions Offer Remedies for Harsh provisions,” New York Law Journal

By Adam Leitman Bailey and John M. Desiderio During the last five years, the pendulum of commercial leasing has begun to swing. At common law, the doctrine of “caveat emptor” governed commercial leasing. By the 1970’s, New York courts, relying on equitable principles, began to carve out exceptions to caveat emptor. 1 Equity gained greater  Full Article…

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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?

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Commercial Property Landlords May Entirely Eliminate Leasing

By Adam Leitman Bailey and John M. Desiderio Commercial landlords need relief. They are, and have been increasingly, frustrated by the procedural and substantive moves that determine (more often than not) the scope and duration of an eviction action in landlord-tenant litigation. A knowledgeable commercial tenant’s attorney, without any great effort, will readily employ defensive tactics  Full Article…

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In The Spotlight: Negotiating a Rooftop Antenna Contract

By Adam Leitman Bailey and Dov Treiman As real estate values rise, building usage change, and cell phone and Internet communications become universal, wireless telecommunications companies have become popular defendants in civil court. In certain instances, owners are examining their rooftop antenna agreements to determine if they can terminate them. Many of these owners wanted  Full Article…

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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, attorneys at Adam Leitman Bailey, P.C. 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,  Full Article…

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