Adam Leitman Bailey, P.C. was retained by a lender to navigate through the ever-changing foreclosure laws and save the lender’s ability to foreclose. The lender’s foreclosure action was commenced in 2017. The lender moved for summary judgment, and the borrower cross-moved to dismiss, arguing that, per the Second Department’s holding in Bank of America, N.A. Full Article…
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Adam Leitman Bailey, P.C. Preserves Six Million Dollars In Loans Made by Its Client
When the managing member of three real estate LLCs sought to refinance the existing senior debt, Adam Leitman Bailey, P.C.’s client made loans totaling approximately six million dollars. There was also a mezzanine lender, whose agreement with the holding company for the LLCs, required its written permission for an activity such as a refinance. None Full Article…
Adam Leitman Bailey, P.C. Wins Summary Judgment Despite Attacks on the Servicer’s Limited Power of Attorney and on the Affidavits of Service for the Notices
Adam Leitman Bailey, P.C. was retained by a lender in connection with the foreclosure of a business purpose loan on a residential premises in Suffolk County. Once the firm moved for summary judgment, the defendants argued that the affidavit of a Vice President from the loan servicer and attorney-in-fact to the plaintiff was insufficient to Full Article…
Adam Leitman Bailey, P.C. Successfully Defeats Motion for Contempt Brought by Condominium Board of Managers Against Aggrieved Unit Owner
In a highly contentious dispute between the board of managers of a condominium (the “Board) and Adam Leitman Bailey, P.C.’s client, an owner of a unit in the condominium, Adam Leitman Bailey, P.C. was faced with the tall task of defending against the Board’s concerted effort to seek contempt against the client. In 2022, Adam Leitman Full Article…
Adam Leitman Bailey, P.C. Wins Summary Judgment in Multi-Property Business Purpose Loan Contested Foreclosure
Adam Leitman Bailey, P.C. was retained by lender to commence a foreclosure action against a borrower on a business purpose loan that was secured by four properties. Defendant borrower filed an answer with affirmative defenses alleging that Defendant was not delinquent on mortgage payments, and that the Lender was the cause of the default. Adam Full Article…
Adam Leitman Bailey, P.C. Cleans Up A Challenging Foreclosure Case And Secures Summary Judgment In Favor Of The Lender
Adam Leitman Bailey, P.C. was retained by a lender to clean up a messy foreclosure action in which summary judgment had already been denied on the grounds that the lender failed to establish that 90 Day Notices were sent to the borrower in compliance with RPAPL § 1304, a statute that consistently proves to be Full Article…
Adam Leitman Bailey, P.C. Achieves Favorable Settlement of Construction Defects Claims Against a Sponsor
Plaintiff, a unit owner at a Queens County condominium, brought an action against the Sponsor and the Sponsor’s managing agent, asserting the following causes of action against the Sponsor, relating to the allegedly defective construction of the Plaintiff’s unit: (1) breach of contract; (2) breach of warranty; (3) breach of the NYC noise code; and Full Article…
Adam Leitman Bailey, P.C. Successfully Establishes that Plaintiff Lacked Standing in A Prior Foreclosure Action in Order to Defeat Defendant’s Motion to Dismiss for Statute of Limitations in a Pending Foreclosure Action
In a highly contested foreclosure action, Adam Leitman Bailey, P.C. was retained to step in as counsel for the new purchaser of the note and mortgage being foreclosed. The record owner Defendant moved to dismiss the action arguing that the loan was time barred by the six-year statute of limitations due to a prior action Full Article…
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