In a case sadly reflective of certain decisions made by the judges of the housing court, the Appellate Term recently reinstated a non-primary residence proceeding that had been dismissed because the landlord sent a single letter to the daughter of the tenant of record acknowledging her recent move into her mother’s apartment. Based upon this Full Article…
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Adam Leitman Bailey, P.C. Wins Non-Primary Residence Case and Attorney Fees in Victory
When a tenant sought Adam Leitman Bailey, P.C.’s help after his landlord commenced an eviction proceeding for non-primary residence, the attorneys at Adam Leitman Bailey, P.C. defended the tenant, prevailed in the case, and were awarded legal fees. This case demonstrates the pitfalls of an aggressive attorney pushing a weak position and getting punished for Full Article…
Electronic Leasing: Viable Option for Building Owners? New York Housing Journal
By Dov Treiman After decades of hearing predictions for paperless offices being just around the corner, we are finally seeing them because the environmental concerns make paper-based transactions unappetizing, and the inherent fragility of paper makes it last millennium’s technology. Amazingly, real estate, one of the most conservative of the areas of law has been Full Article…
Finding Individual Tort Liability for Board Members
By Adam Leitman Bailey and John M. Desiderio New York Law Journal | October 10, 2012 Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc.,1 held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has Full Article…
Title Litigation: Expense of Theft Prevention Dwarfed by the Cost of Fraud, New York Law Journal
By Adam Leitman Bailey At the start of this new millennium, the most effective means to rob a bank no longer includes the use of a gun. The real estate closing table has replaced the gun and mask as the most favored and effective tool of theft from financial institutions. As the New York Times Full Article…
State High Court Decision Exorcises Ghosts of Liens Past, New York Law Journal
By Adam Leitman Bailey and Dov Treiman Secured borrowing and the transfer of money are the bedrock of the global financial system. However, that system finds itself in crisis. Before the current malaise can end, the system must rebuild in a manner that ensures mutual trust between lenders and borrowers. Rapid repair of the economy Full Article…
Despite ‘Jones,’ Ambiguities in Title Chain Can Be Cured, New York Law Journal
By Adam Leitman Bailey and Dov Treiman When the Supreme Court decided Jones v. Flowers,1 it exacerbated a nagging problem for the title insurance industry – the necessity to do constitutional analysis when examining chains of title. With the current state of the economy, tax foreclosures are increasing. Thus, more properties have these ambiguities in Full Article…
Power-of-Attorney (POA) Changes Scramble Property Transfers, New York Law Journal
By Adam Leitman Bailey and Dov Treiman As of Sept. 1, New York has abolished its old easy single-sheet statutory power of attorney form (POA) and replaced it with a tremendously complicated new law1 describing a highly complex new document with a misleadingly named optional rider.2 The 1948 original form and its successors were designed Full Article…
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