In a heated dispute between prior owners of a property, Adam Leitman Bailey, P.C., successfully defended against claims that its client’s predecessor in interest fraudulently obtained the subject property from the Plaintiff, and the subsequent sale of the Property to our client was null and void. The property at issue was originally owned an LLC, Full Article…
Viewing 1 to 8 of 56 items
Adam Leitman Bailey, P.C. Secures the First Ever Victory Before the Appellate Division Regarding a Title Insurer’s Obligation to Defend After the Mortgage it Insured is Subsumed into a CEMA
A Consolidation, Extension and Modification Agreement (“CEMA”) is an often-employed vehicle to essentially refinance a mortgage without having to pay the mortgage tax for the full amount of the refinance, as you are only paying mortgage taxes on the “new money”. Adam Leitman Bailey, P.C. represented the insurer of the initial mortgage for $1,995,000. That Full Article…
In a Shareholder Derivative Action, Adam Leitman Bailey, P.C. Preserves Lender’s $2.9 Million Dollar Mortgage
Adam Leitman Bailey, P.C. was retained by a title company to represent a lender in a shareholder derivative action which was commenced by a limited partner, individually and on behalf of the partnership, alleging that the general partners were using the partnership as their own personal piggy bank taking out millions of dollar in unauthorized 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…
A Street Fight in the Bronx
ADAM LEITMAN BAILEY’S FIRM HELPED SETTLE A BRONX BRAWL OVER LAND BETWEEN TWO PARTIES AND BROUGHT VICTORY AGAINST A LONG-STANDING POWERFUL FAMILY IN NEW YORK. This matter came to Adam Leitman Bailey, P.C. (ALBPC) at the beginning of 2017. The resulting decision issued by the Appellate Division on March 9, 2023—six years later—shows how dogged Full Article…
Adam Leitman Bailey, P.C., Protects Landlord’s Rights Under a 25-Year Old Easement
Plaintiff bought a property in 1998; her deed included an easement retained by the vendor to permit access across its driveway to the loading dock of its then-neighboring warehouse “…for the purpose of permitting ingress and egress of persons and motor vehicles.…” Before 2012, Plaintiff was allowed to traverse Vendor’s driveway to park in the Full Article…
Adam Leitman Bailey, P.C. Secures Landmark Decision for Title Insurer Establishing New Precedent Regarding a Title Insurers’ Obligations Related to Consolidated Mortgages
Adam Leitman Bailey, P.C. was retained to defend a title insurer in an action where the lender sought declaratory judgment that a title insurance policy remained in full force and effect. The title insurer issued a title insurance policy in connection with a mortgage in the amount of $1,995,000.00. That mortgage was assigned twice. Thereafter, Full Article…
Mission Impossible: Securing Almost 2 Million Dollars From a Convicted Felon to Payoff Claims Owed to Commercial Lender
In the life of a title litigator, you want to be challenged and have interesting cases where you are asked to use your best skills to prevail. We were delighted to be told that this claim required the most aggressive, street-smart law firm on the Fortune 500 companies attorney list and we could not feel Full Article…
Twitter