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…
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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 Case of First Impression Regarding An Attorney’s Ability to Zealously Represent a Client Without Fear of Reprisal from the Client’s Adversary
In a case which personally affected Mr. Bailey and the members of his firm, a disgruntled developer attempted to have Mr. Bailey abandon his client—the lone tenant in a building which the developer sought to turn into luxury condominiums—by suing Mr. Bailey and the firm for $25,000,000.00 in damages for alleged abuse of process and Full Article…
Adam Leitman Bailey, P.C. Successfully Defeats Motion to Dismiss Condominium Unit Owner’s Claims Related to Defective Plumbing
A recent decision from the Appellate Division, First Department has upheld breach of fiduciary duty and breach of contract claims brought by a condominium unit owner against the Condominium’s (the “Condominium’s”) Board of Managers (the “Board”). Adam Leitman Bailey P.C.’s client, the owner of a condominium apartment in Manhattan, commenced an action against the Board in Full Article…
Adam Leitman Bailey, P.C. Settlement Negotiations Save NYC Owner Hundreds of Thousands of Dollars in Rent Overcharge Class Action Case
Since the surge of tenant class action rent overcharge cases began circa 2017, Adam Leitman Bailey, P.C., has defended a number of the targeted NYC owners of buildings who participated in the J-51 tax exemption and abatement program and did not, for one reason or another, immediately re-regulate units after the 2009 Court of Appeals Full Article…
Adam Leitman Bailey, P.C. Affirms an Unusual Ruling Issued by The Supreme Court
In a matter where taking too aggressive a position can backfire, Adam Leitman Bailey, P.C. obtained an affirmance before the Appellate Division of an order of the trial court, which stayed the prosecution of a plenary action a landlord brought against its tenant, pending the resolution of the holdover proceeding the landlord had previously commenced. Full Article…
De-Acceleration of Loan Found Valid to Defeat Statute of Limitation Defense Notwithstanding Word Processing Error In Stipulation of Discontinuance
In a mortgage foreclosure action where Adam Leitman Bailey, P.C. participated in the appeal to the Appellate Division, Second Department the lower court refused to grant the mortgagee summary judgment on its foreclosure complaint and for an order of reference finding that there was an issue of fact as to whether the claim was time Full Article…
Adam Leitman Bailey, P.C. Wins Appeal and Obtains Critical Information For Client In Rent Overcharge Dispute
Under New York law, if a landlord obtains J-51 tax benefits from New York City, the landlord must treat its tenants as rent stabilized. In this case, the owner failed to do so and for years treated our client as deregulated and charged rents exceeding that allowable under rent stabilization. Our client commenced a rent Full Article…
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