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The State of the Business Judgment Rule Appellate Court Rulings By Adam Leitman Bailey

By Adam Leitman Bailey 2016 February Law & Legislation The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting cooperatives  Full Article…

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Adam Leitman Bailey, P.C. Wins Landmark Case and Makes New Law in Unsealing Court Settlements

A unanimous panel of the Appellate Division, First Department, upheld a lower court’s decision to unseal settlement documents stemming from the 2008 collapse of a construction crane that killed seven people. The panel ruled in Squeri v. East 51st Street Development, 117452/08, that Manhattan Justice Carol Edmead properly exercised her discretion when she unsealed the documents  Full Article…

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Court Ruling Makes Some Evictions Easier

By JAY ROMANO A decision by a New York appeals court has resulted in a major change in how eviction cases involving tenants in illegal apartments are handled in Brooklyn, Queens and Staten Island. The decision, binding on lower courts in those boroughs, allows landlords to use Housing Court — rather than the state’s trial  Full Article…

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Understanding, Complying With New Real Estate Settlement Procedures Act Rules

By Adam Leitman Bailey and Dov Treiman The Real Estate Settlement Procedures Act has governed costs associated with residentialmortgage transactions since 1974, but it became the subject of significant controversy as reports surfaced of abuses by lenders and third-party service providers. After many halting attempts to overhaul the RESPA rules, the Department of Housing and  Full Article…

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Appellate Division Finds that Condo Board Not Liable For Repairing Newly Constructed Building

On November 8, 2009, the Appellate Division ruled that a building’s developer and not a condominium board shall be responsible for making repairs to a newly constructed building. In Lorne v. 50 Madison Avenue LLC, a unit owner sued the board of directors for failing to remediate a construction defect. A unanimous Appellate Division dismissed  Full Article…

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Appellate Division Rules on Commercial Leasing

When Sympathy Trumps Contractual Rights By Adam Leitman Bailey January 2012 Many times, cooperatives and condominiums have commercial retail spaces connected to or below their building. These are immensely valuable as a result of the income generated by these stores and restaurants. Ergo, the importance of a new decision from the Appellate Division. Two decades  Full Article…

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