In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney’s role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is Full Article…
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When Is an Attachment Levy Effective?
Trying times call for creative, aggressive lawyering by real estate litigators. Racing to find and attach and garnish a judgment debtor’s assets before they literally disappear is an old sport played, most recently, at a higher level due to the stressful economic real estate times. This article reflects our war wounds and successes with the Full Article…
Adam Leitman Bailey, P.C., On Behalf of Board, Defeats Temporary Restraining Order By Self-Dealing Owner in Complicated Litigation
SHAREHOLDERS’ DEMAND FOR PRELIMINARY INJUNCTION New York City’s extremely high density, especially in Manhattan, can yield high-stakes battles for even small spaces. When disputes about such spaces cannot easily be consensually resolved, legal “street fights” often develop rapidly, generating expedited proceedings. Successfully navigating these circumstances invokes an aphorism by British politician Charles Buxton: “In life, as in 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. Secures Largest Condominium Construction Defect Settlement in Brooklyn History
In 2018, Adam Leitman Bailey, P.C. was retained by a group of unit owners at a new construction condominium in Williamsburg, Brooklyn. The new build encompassed an entire block and contained over 200 units consisting of one to three-bedroom units, duplexes, lofts, penthouses and townhomes. On paper, the building sounded wonderful. In reality, however, the Full Article…
Co-ops Are Exempted From The 2019 Housing Stability Tenant Protection Act
As many know, on June 14, 2019, then Governor Andrew Cuomo signed into law a massive overhaul of landlord-tenant laws throughout the State of New York, known as The Housing Stability Tenant Protection Act (HSTPA). Among other things, these new laws made rent regulation – rent control, rent stabilization, and the Emergency Tenant Protection Act Full Article…
Adam Leitman Bailey, P.C. Helps Landlords and Sellers Navigate the Pandemic Against Defaulting Renters and Purchasers
COVID-19 has disrupted the ordinary course of dealing in both the residential leasing and sales sectors, with renters and buyers using COVID-related excuses and delays in attempts to avoid paying rent and close on sales in a fluctuating market. However, using a distinct combination of deep institutional knowledge about the Real Estate market, aggressive litigation Full Article…
Eviction During A Pandemic When Evictions Are Prohibited
When Adam Leitman Bailey, P.C.’s client came for help, it was faced with a tenant who had illegally AirBnB’d his apartment to someone believed to be dealing drugs from the apartment with no intent ever to leave. The tenant of record having returned home to Spain, there was no pressure to apply to him and Full Article…
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