Lenders in New York are battling backwards to foreclose on loans that are indisputably due and owing. On Dec. 30, 2022, Governor Kathy Hochul signed into law the controversial Foreclosure Abuse Prevention Act (FAPA) in direct response to the New York State Court of Appeals’ decision in Freedom Mtge. Corp. v. Engel, 37 N.Y.3d 1 (2021), Full Article…
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Buildings for Landlords: Want to End Short Term Rentals in Your Building? Get on the “Prohibited Buildings List”
On January 9, 2023, a new law known as Local Law 18, also known as the Short-Term Rental Registration law, became effective. This new law requires short-term rental hosts (rentals fewer than 30 consecutive days) to register their apartment with the Mayor’s Office of Special Enforcement (OSE) and receive a registration number. Booking services such Full Article…
Adam Leitman Bailey, P.C., Protects Landlord’s Rights Under a 25-Year Old Easement
Plaintiff bought a property in 1998; her deed included an easement retained by the vendor to permit access across its driveway to the loading dock of its then-neighboring warehouse “…for the purpose of permitting ingress and egress of persons and motor vehicles.…” Before 2012, Plaintiff was allowed to traverse Vendor’s driveway to park in the Full Article…
Adam Leitman Bailey, P.C. Secures Landmark Decision for Title Insurer Establishing New Precedent Regarding a Title Insurers’ Obligations Related to Consolidated Mortgages
Adam Leitman Bailey, P.C. was retained to defend a title insurer in an action where the lender sought declaratory judgment that a title insurance policy remained in full force and effect. The title insurer issued a title insurance policy in connection with a mortgage in the amount of $1,995,000.00. That mortgage was assigned twice. Thereafter, Full Article…
Adam Leitman Bailey, P.C. Preserves Auction Sale For An Innocent Purchaser
The firm was retained to represent an entity which purchased a property for valid consideration after the prior owner failed to satisfy a mechanics lien and never sought to redeem. After the sale, the prior owner claimed that it had not been given the notice of the sale as had been directed by a prior Full Article…
Adam Leitman Bailey, P.C. Recovers Substantial Rental Arrears From A Commercial Tenant Which Violated The Payment Condition Of A Yellowstone Injunction
It seems like an unremarkable principle: a commercial tenant, which is in breach of its lease and has been served with a Notice to Cure, cannot then sue its landlord, and stop paying rent during the pendency of the action. This is especially true when the tenant seeks and receives a Yellowstone Injunction which tolls Full Article…
Adam Leitman Bailey, P.C. Client Receives “Probable Cause” Ruling Determined after Failing to Pay Commissions Owed and Committing Unlawful Racial Discrimination
Adam Leitman Bailey, P.C. succeeded in obtaining, for its client in a civil rights proceeding, a finding of probable cause that the client’s former employers, a high-end residential real estate brokerage company and two related companies, discriminated against the client in violation of New York state employment discrimination law. Adam Leitman Bailey, P.C. represented a Full Article…
Despite Throwing the Kitchen Sink, Knives and Tables at the Landlord, Dinner is No Longer Being Served at This Restaurant —Eviction Ordered and Effectuated
In the realm of commercial real estate, disputes between landlords and tenants regarding nonpayment of rent can be intricate and demanding. The attorneys here at Adam Leitman Bailey, P.C. take pride in assessing these intricacies and obtaining favorable results for their clients. Representing the landlord in a commercial nonpayment proceeding against a restaurant tenant, and Full Article…
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