A great lawyer knows when not to litigate. Oftentimes a commercial tenant in a failing building is left with little choice but to either suffer through reduced services or litigate for damages when things further deteriorate. However, with the right counsel, such a seemingly desperate situation can turn into a profitable opportunity, as one of Full Article…
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Adam Leitman Bailey, P.C. Wins Money Judgments in Supreme Court in Two Cases Defeating Commercial Tenants and Guarantors’ Efforts to File Late Answers
Representing two Manhattan commercial landlords, Adam Leitman Bailey, P.C. prevailed in two Supreme Court plenary actions, winning money judgments against commercial tenants and guarantors. In each case, the client entered into a commercial lease to rent a retail store in Manhattan. The lease was guaranteed by a personal good guy guaranty. Each tenant defaulted and Full Article…
Winning a Loft Law Case: The Long Winding Road to Weaponing the Loft Law and Rent Stabilization Code to Finally Prevailing at Appellate Division
I previously represented a long-term resident of a Tribeca apartment in the successful appeal of a CPLR Article 78 determination permitting the building’s owner to remove the building’s only elevator from service. While the building was formerly used for manufacturing purposes, as of the 1970s, the building was residentially occupied. My client was one of Full Article…
A Comprehensive Guide to The Good Cause Eviction Laws
Introduction There has been quite a bit of attention in the Real Estate Industry paid to the “Good Cause Eviction Law” (GCE) signed into law on April 22, 2024. While the law gives a good deal of new paperwork for lawyers to complete when dealing with tenants, our office has developed procedures to make the Full Article…
Understanding the Anti-Harassment Housing Laws in NYC
For the first time since the passage of the first anti-harassment housing law, a comprehensive review of those laws and their applicability, purpose, penalties, and dates of effectiveness have been explained and analyzed in detail. The authors have sought to educate practitioners and their clients on this vastly misunderstood body of law. One of the Full Article…
Buildings for Landlords: Want to End Short Term Rentals in Your Building? Get on the “Prohibited Buildings List”
On January 9, 2023, a new law known as Local Law 18, also known as the Short-Term Rental Registration law, became effective. This new law requires short-term rental hosts (rentals fewer than 30 consecutive days) to register their apartment with the Mayor’s Office of Special Enforcement (OSE) and receive a registration number. Booking services such Full Article…
Adam Leitman Bailey, P.C. Wins Appeal and Obtains Critical Information For Client In Rent Overcharge Dispute
Under New York law, if a landlord obtains J-51 tax benefits from New York City, the landlord must treat its tenants as rent stabilized. In this case, the owner failed to do so and for years treated our client as deregulated and charged rents exceeding that allowable under rent stabilization. Our client commenced a rent Full Article…
Adam Leitman Bailey, P.C. Defeats Landlord’s Partial Summary Judgment Motion Amidst Overlapping Claims in Parallel Holdover Proceeding
Adam Leitman Bailey, P.C. was retained by a tenant to defend him in a summary holdover proceeding. The proceeding, however, was far from a garden variety holdover proceeding predicated upon the termination of a long-term month-to-month tenancy. Instead, the Landlord here was so enraged by the Tenant’s exercise of his lawful right in applying for Full Article…
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