By Adam Leitman Bailey and Dov Treiman Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated apartments, the lease Full Article…
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Adam Leitman Bailey, P.C. Protects HSBC Bank USA, N.A. as a Secured Lender
In 28 St. Nicholas Ave. HDFC v. HSBC, et. al., Adam Leitman Bailey, P.C. negotiated a pre-trial settlement, in which HSBC’s mortgage was declared a valid interest secured by a building in Brooklyn, despite a fraudulent deed transfer in the chain of title. The President of the HDFC deeded ownership of the entire building from Full Article…
Adam Leitman Bailey, P.C. Makes New Law by Holding Developer Personally Liable for Construction Defects in Newly Constructed Building
A recent decision from the Kings County Commercial Division has upheld contract, warranty, and veil-piercing claims alleged against a condominium sponsor and its principal for construction defects. In this action, the Board of Managers, represented by Adam Leitman Bailey, PC seeks to recover damages from the condominium sponsor and its principals for various construction defects, Full Article…
Adam Leitman Bailey, P.C. Achieves Winning Settlement On Behalf Of Coop Sellers In Landmark Housing Discrimination Case
In a case of first impression, Adam Leitman Bailey, P.C. successfully represented the sellers of a cooperative apartment in a housing discrimination suit against their former Coop arising from the Coop’s failure to consent to a proposed sale of the apartment to elderly purchasers. When the Coop failed to approve the sale, despite the purchasers’ Full Article…
Inadvertent Sending of a Letter Should Not Result in Dismissal of a Meritorious Non-Primary Residence Action
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…
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…
Making New Law, Adam Leitman Bailey, P.C., Obtains A Victory For Homeowners Association
In a case of first impression, Adam Leitman Bailey, P.C., attorneys obtained a victory that could benefit homeowners associations throughout New York. The issue in the case was whether the Board of Directors of a homeowners association – a residential development located in Arverne, Queens County, New York, which consists of 121 privately deeded homes Full Article…
Adam Leitman Bailey, P.C. Protects Insured Lender in Common Charge Lien Foreclosure Proceeding
In Board of Managers of Lorraine Terrace Condominium v. Annor, et. al., Adam Leitman Bailey, P.C. successfully protected an insured Lender‘s security interest in a Westchester condominium property, in defeating Plaintiff’s claim that the Lender did not hold the “first mortgage of record” as is defined by § 339-z of New York’s Real Property Law. Section 339-z gives Full Article…