Our client is a very popular baker and seller of bread, bagels, and croissants. The bakery was founded in 1992 in Cape Cod, Massachusetts, just as a broader awareness and appreciation for quality artisan bread was blossoming on the East Coast. Its goal was to recreate the Old World traditions by using baking techniques and Full Article…
Adam Leitman Bailey, P.C. Obtains Complete Agreement Between Landlord, Commercial Tenant, and Landlord Shareholders to Resolve Dispute Over Lease Renewal and Negotiation of a New Rent Schedule
In 2017, Adam Leitman Bailey, P.C. was approached by the President of a Landlord close corporation, whose shareholders (including the president) are all cousins, to assist in negotiating a new lease with the present Tenant of an 18 story building in mid-Manhattan, whose management had missed the deadline for exercising the Tenant’s right to renew Full Article…
How to evict commercial tenants in 2021 despite the moratorium
By Adam Leitman Bailey and John M. Desiderio This article addresses and updates the law 15 years later on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants. As demonstrated below, courts continue to enforce its proper use, as it Full Article…
Self-Help Eviction in 2020/2021
Fifteen years after their article, “Self Help Evictions: The Neglected Commercial Remedy,” Adam Leitman Bailey and John Desiderio address and update the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants. By Adam Leitman Bailey and John M. Desiderio Full Article…
Seven Secrets to Drafting An Effective Commercial Lease Default Lease
An effective commercial lease will dictate the future relationship between a commercial landlord and tenant. The more clauses forcing the commercial tenant to comply with its obligations, the better chance the landlord will have in not only have a successful relationship but also ensuring that the rent is paid and the tenant behaves. Below are Full Article…
Owners Should Never Gamble With Liquidated Damage Clauses
By: Adam Bailey and Dov Treiman January 14, 2015 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief amongst these Full Article…
Defining the Limits Of Liquidated Damages Clauses
By: Adam Leitman Bailey & Dov Treiman December 31st, 2014 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief among Full Article…
Court Grants License To Change Licensing Law Rules
By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest Full Article…