December 12, 2017 By Adam Leitman Bailey and Dov Treiman Adam Leitman Bailey and Dov Treiman discuss a split among the First and Second Department Appellate Divisions on their interpretations of a common clause in proprietary leases for cooperative apartments relating to whether a proprietary lessee must live in the apartment simultaneously with a close Full Article…
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Violation Battle: Level up your building for the fight – with City Hall
By Adam Leitman Bailey Here’s some odd advice: when your building gets a violation, don’t pay it. At least not automatically. “Owners and boards probably spend thousands on fines and penalties that many times can be reduced,” says Ron Finger, president of Finger Management. “They get a ticket and think, ‘Oh, God, I’ve got to Full Article…
The Sound and the Fury: Noise in Rentals, Co-ops and Condos
By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems with noise laws resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming Full Article…
The State of the Business Judgment Rule Appellate Court Rulings By Adam Leitman Bailey
February 2016 By Adam Leitman Bailey The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting cooperatives and condominiums. Buyouts Full Article…
The Rules for Allowing Pets in ‘No-Pet’ Buildings
April 13th, 2016 By Adam Leitman Bailey and John M. Desiderio When determining whether an owner’s pet qualifies for admittance in no pet buildings, cooperatives and condominiums must be extremely careful to follow the federal, state, and city fair housing laws governing how far a board can go when investigating and denying an animal’s entrance. Full Article…
Court Clarifies Condo Owners’ Right to Inspect
December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v. 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…
The State of Cooperative and Condominium Law in 2015
December 30, 2015 By Adam Leitman Bailey and Dov Treiman The greatest changes in cooperative and condominium law this past year did not come from the Legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting Full Article…
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