In the midst of the current economic deep distress, there are, and will continue to be, countless communications from tenants to real estate owners requesting forbearance from the payment of rent. This will in turn no doubt trigger requests from owners to their lenders, requesting forbearance with respect to mortgage payments.  The following discusses some  Full Article…

By Analina Smeraldi July 7, 2020 I first became intrigued with Adam Leitman Bailey while reading the 250th issue of The Real Deal. In it, the publisher and editor discussed a series of cases where Bailey used an “ingenious” legal weapon that caused Congress to intervene and change the law. They further noted that The Real Deal’s largest advertisers  Full Article…

Local government in New York City has adopted recent legislation adversely impacting commercial landlords by abolishing personal guarantees that were used at lease inception, to induce those landlords to enter into those leases. Based upon longstanding legal precedent, this legislation could be found to be facially invalid on constitutional grounds. May 26, 2020 at 11:30  Full Article…

By Adam Leitman Bailey, P.C. We are in the calm before the storm.  With the state court system shut down for non-emergency matters, and evictions and foreclosures stayed, businesses have little reason to file for bankruptcy now, even though the Bankruptcy Courts are open and working remotely.  However, once the COVID-19 emergency measures ease, and  Full Article…

By Adam Leitman Bailey, P.C. On April 16, 2020, Governor Cuomo issued Executive Order 202.18 (EO 202.18), which among other things, extended several deadlines applicable to condominium and cooperative offering plans.  EO 202.18 tolls several deadlines that could prevent condo/co-op sponsors from completing and selling condo/co-op projects, though it does not significantly change most ongoing  Full Article…

The ‘Regina’ decision will have significant reverberations for the real estate market going forward, as it will unfreeze the chill over the purchase and sale of rent-regulated buildings. April 08, 2020 On April 2, 2020, the New York State Court of Appeals issued a split decision (4-3) on a string of four rental overcharge cases  Full Article…

April 7, 2020 On the scale of pandemics, the novel coronavirus, commonly referred to as COVID-19,[1] is unprecedented, and ranks among one of the worst in human history, not only in terms of its virulence, but in economic destruction as well. While scientists hastily work toward developing a vaccine and antiviral drugs to combat COVID-19,  Full Article…

This article reviews the “good cause” standard under RPAPL §749(3) and examines the possible role in nonpayment proceedings of the newly minted RPAPL §753, as we enter the coming era of landlord-tenant litigation. March 04, 2020 The passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) on June 14, 2019, fundamentally altered  Full Article…