By Adam Leitman Bailey and John M. Desiderio One of my most repeated lines goes as follows: all newly constructed buildings have problems; the good builders come back and fix them. I should add to my adage, that as long as they sue on time, good lawyers also get buildings fixed. When disputes arise, between Full Article…
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Ever the Underdog – How Adam Leitman Bailey’s Persistence and Humility Helped Save a $100M Development Without Litigation
By Justin Smulison When clients turn to a law firm for help, they are often already in a difficult position. Their project has stalled, negotiations have broken down, or a legal obstacle threatens to derail years of work. Adam Leitman Bailey believes lawyers should approach every matter with the mindset of an underdog and never Full Article…
Adam Leitman Bailey, P.C. Successfully Represents Property Management Company Through Investigation by New York State Attorney General’s Office
By Adam Leitman Bailey and Brandon M. Zlotnick Adam Leitman Bailey, P.C. successfully represented a longtime client, which manages over properties in Manhattan, during the course of an investigation by the Office of the New York State Attorney General (“OAG”). The client has produced responses to a subpoena served by the OAG in early 2024, Full Article…
Adam Leitman Bailey, P.C. Successfully Represents Property Management Company Through Investigation by New York State Attorney General’s Office
By Adam Leitman Bailey and Brandon M. Zlotnick Adam Leitman Bailey, P.C. successfully represented a longtime client, which manages over properties in Manhattan, during the course of an investigation by the Office of the New York State Attorney General (“OAG”). The client has produced responses to a subpoena served by the OAG in early 2024, 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…
Establishing ‘Time Is of the Essence’ and Performing at a ‘Time Is of the Essence’ Closing
As the authors noted in our first article on Time of the Essence (TOE) Closings, “real estate closings 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.” See Bailey and Desiderio, Enforcing the Contract—Obtaining Down Payment or Specific Performance (New York Law Full Article…
Recovering Damages From Water Diversion
The history of real property law is replete with litigation over how one property owner’s assertion of its rights to control and adapt their property impacts their neighbors. These cases usually involve damage to a neighboring property resulting from acts of so-called trespass—which might better be termed a nuisance—one of the most common being damage Full Article…
One of the Bedrocks of Real Estate Transfers: The Statute of Limitations Cannot Be Extended By State Courts in New York
In their article, Adam Leitman Bailey and Jeffrey Metz discuss how, in New York, courts generally lack the authority to extend statutes of limitations, with only narrow exceptions permitting tolling which reinforces the importance of timely legal action in real estate matters. Real estate markets require certainty. Lenders, developers, and all real estate actors require Full Article…
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