In RLM TH LLC v. 162 East 70th Street Trust LLC, Adam Leitman Bailey, P.C. succeeded in a Real Property Actions and Proceedings Law (“RPAPL”) § 881 proceeding commenced against a neighboring homeowner, after Respondent refused to negotiate in good faith with Petitioner concerning, inter alia, construction on a shared party wall between Petitioner’s and Respondent’s townhouses on Full Article…
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Adam Leitman Bailey, P.C., Defeats Tenant’s Overcharge and Rent Illegality Claims; Wins Partial Summary Judgment in Non-Payment Proceeding
Adam Leitman Bailey, P.C., in a residential non-payment proceeding in New York County Housing Court, won partial summary judgment on its prima facie case and obtained dismissal of the tenant’s defenses and counterclaims of overcharge and rent illegality. The tenant moved into the apartment in the mid-1980s and signed two successive commercial leases for use Full Article…
Adam Leitman Bailey, P.C. Obtains Extension of Time to Make Mortgage Payment for Bronx Building Owner Using Arcane Legal Theory That Gets Lender’s Attention
Many of the commercial and residential tenants in the Bronx during the pandemic could not afford to pay their rent during the pandemic or chose not to because the government did not make payment mandatory. As a result the owner of the building, Adam Leitman Bailey’s client, could not make its mortgage payment. Adam Leitman Full Article…
Changes to the New York Statutory Power of Attorney Form
As of June 13, 2021, New York State enacted a new statutory Power of Attorney (“POA”) form. Any POA created prior to this date will remain effective if it conforms to the current law at the time of its execution. The newly reformed POA form enacted four major changes that are designed to simplify the Full Article…
Adam Leitman Bailey, P.C. Defeats Dismissal Motion, Wins Summary Judgment in Commercial Non-Payment Proceedings during COVID-19
Representing a commercial landlord in two highly contested summary non-payment proceedings, Adam Leitman Bailey, P.C. defeated the tenant’s motions for summary judgment and dismissal and won summary judgment awarding the landlord possessory and monetary judgments. The cases involved two adjacent spaces on the ground floor of a commercial building located in the Port Morris area Full Article…
Adam Leitman Bailey, P.C. Halts Airbnb Abuses by Unit Owner
The Board of a Condominium engaged Adam Leitman Bailey, P.C. after one of its units owners repeatedly listed his apartment on Airbnb, and other transient use websites, for short-term rentals, in violation of New York law and the governing documents of the building. Specifically, § 27-2004.a.8(a) of the Housing Maintenance Code, expressly prohibits transient, short-term Full Article…
Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal
Adam Leitman Bailey, P.C. was retained by the note owner to salvage a 2007 foreclosure action that was dismissed pursuant to CPLR § 3216 for the Plaintiff’s prior counsel’s alleged failure to prosecute. By virtue of the CPLR § 3216 dismissal, foreclosure of the loan was then time-barred by the statute of limitations, and the Full Article…
Adam Leitman Bailey, P.C. Wins Post Foreclosure Writ of Assistance; Defeats Prior Owner’s Motion to Vacate Default
Representing the buyer of a commercial property after a foreclosure sale in Suffolk County, New York, Adam Leitman Bailey, P.C. won a motion for a writ of assistance under New York Real Property Law § 221 to evict the prior owner church and to put the firm’s client into possession of the property. Simultaneously, partnering Full Article…
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