By Adam Leitman Bailey and John M. Desiderio Commercial landlords need relief. They are, and have been increasingly, frustrated by the procedural and substantive moves that determine (more often than not) the scope and duration of an eviction action in landlord-tenant litigation. A knowledgeable commercial tenant’s attorney, without any great effort, will readily employ defensive Full Article…
By Adam Leitman Bailey Property owners are losing time and money as a result of leases that could have been better drafted. Commercial property owners should be using leases that 1) maximize profits, 2) avoid lengthy court battles and 3) ameliorate the time and monetary losses suffered from a defaulting tenant. First, provisions should be Full Article…
If you’re like most owners, you’ve probably spent some time at the Environmental Control Board (ECB) fighting violations issued by the Department of Buildings (DOB). And you know it isn’t easy to beat those violations. That’s why it’s important to have as much ammunition as possible, to fight those violations successfully. To help you, ALI Full Article…
By Adam Leitman Bailey and Dov Treiman According to Forbes.com, Manhattan is one of the 10 most expensive places in the world to call home, and CB Richard Ellis’ “Global Market Rents Survey” places New York 12th on its list of the most expensive office markets, despite the extremely discounted price of the dollar. Nevertheless, Full Article…
Coming Clean on Contracts Coming Clean on Contracts February 2011 The Situation. The building had a central laundry room that desperately needed renovation. The space, which had been serviced by the same company for the last decade, was dirty and dusty, with walls and flooring showing obvious signs of extended wear and tear. STEP 1 Full Article…
By: Adam Leitman Bailey & John M. Desiderio May 9th, 2007 The Court of Appeals has recently reemphasized, for sellers’ attorneys, the importance of drafting clear and unequivocal “time of the essence” clauses in those real estate contracts where circumstances justify conditioning the sale upon the buyer’s timely performance of one or more stated conditions. Full Article…
By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
By: Adam Leitman Bailey & Dov Treiman May 1st, 2005 Why Licenses? Inevitably, when courts seek to readjust the balance between landowners and non-owner occupants, owners’ counsel will reach into the ancient common-law toolbox to find occupancy arrangements that give owners the panoply of rights and remedies they thought they enjoyed as landlords. In the movie Jurassic Park, Full Article…
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