Search the Library

Viewing 1 to 8 of 417 items

‘Miller-Francis’: A Disturbance in the Force

By: Adam Leitman Bailey & Dov Treiman April 9th, 2014 When the Empire destroyed the planet Alderaan in Star Wars IV, Obi-Wan Kenobi sensed “a great disturbance in the Force, as if millions of voices suddenly cried out in terror, and were suddenly silenced.” When the Appellate Division, First Department decided Miller-Francis v. Smith-Jackson,1 there  Full Article…

0

Court Clarifies Condo Owners’ Right to Inspect

December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v.  Full Article…

0

Acceleration Clauses in Foreclosure Actions: New Rules

The use of an acceleration clause in a mortgage foreclosure action provides an important and expedient tool when foreclosing on a property. This article focuses on recent case law and discusses some of the benefits and pitfalls when using an acceleration clause and how to overcome these obstacles. Under New York CPLR §213(4), a mortgagee  Full Article…

0

Violation Battle: Level up your building for the fight – with City Hall

By Adam Leitman Bailey Here’s some odd advice: when your building gets a violation, don’t pay it. At least not automatically. “Owners and boards probably spend thousands on fines and penalties that many times can be reduced,” says Ron Finger, president of Finger Management. “They get a ticket and think, ‘Oh, God, I’ve got to  Full Article…

0

The Sound and the Fury: Noise in Rentals, Co-ops and Condos

By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems of noise resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming children.  Full Article…

0

Residential Leases Now Require Sprinklers

By Adam Leitman Bailey January 2015 Effective December 3, 2014, all residential leases in New York State now require a notice to residential tenants about the presence of absence of sprinkler systems in the “leased premises.” The new law, however, while defining what a sprinkler system is, does not define what a “lease” is or  Full Article…

0

The Rules for Allowing Pets in ‘No-Pet’ Buildings

April 13th, 2016 By Adam Leitman Bailey and John M. Desiderio When determining whether an owner’s pet qualifies for admittance in a “no-pet” building, cooperatives and condominiums must be extremely careful to follow the federal, state, and city fair housing laws governing how far a board can go when investigating and denying an animal’s entrance.  Full Article…

0