By Adam Leitman Bailey and Dov Treiman April 1st, 2011 Two state laws make the illegality of a tenant’s use of rented premises a matter of considerable concern to property owners of all kinds, including cooperatives. One empowers local prosecutors to bring eviction proceedings against both the illegally-operating tenant and the landowner; the other makes Full Article…
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When Purchasing a Newly Constructed Condominium Unit, Let the Buyer Beware, Real Estate Weekly
By Jeffrey R. Metz and Adam Leitman Bailey September 23rd, 2009 The real estate crisis has hit home for thousands of buyers of newly constructed condominium properties. Negligently built units with serious construction problems have forced homeowners to look for a real estate superhero to come to the rescue. But many builders have simply run Full Article…
How a Condo Board Can Collect Arrears By Using a Little-Known Tool Called DILF, Habitat Magazine
Oct. 16, 2012 — With the recent economic downturn, condominium boards have been plagued by unit owners defaulting on their monthly common charge. With fewer unit-owners paying, boards are faced with the prospect of increasing common charges in order to collect the deficit from those owners in good standing — unless they can collect the Full Article…
Q & A: Rule, but No Law, on Carpeting Requirements, The New York Times
By: Jay Romano December 7, 2012 Q. What are the requirements for carpeting in a standard apartment rental lease? What does “80 percent carpeting” mean? Do area rugs satisfy the requirement? A. Jeffrey R. Metz, a Manhattan real estate lawyer, says there are no legal requirements for carpeting in an apartment. “The ’80 percent rule’ Full Article…
Attorneys Answer Six More Questions Boards Have About Superstorm Sandy, Habitat Magazine
By Adam Leitman Bailey, Leonard H. Ritz and Dov Treiman Jan. 15, 2013 — In this second of two installments, leading real-estate attorneys answer more condo and co-op board members have been asking about what’s expected of them and of shareholders / unit-owners in the terrible aftermath of superstorm Sandy. Q: Does the Board have Full Article…
Finding Individual Tort Liability for Cooperative and Condominium Board Members, the Appellate Division Takes a Large Scalpel to Business Judgment Rule, Thompson Reuters News & Insight
By Adam Leitman Bailey, John M. Desiderio Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc.,1 held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is not Full Article…
Advice for Clients Affected by Hurricane Sandy
Dear Clients, These are trying times and they are testing our character and spirits. We shall overcome this and come back stronger. As your lawyers, we are honored to be able to assist you during these trying times. From both on the ground with reinforcements to our legal advice and notices like the ones below, Full Article…
Applying the Business Judgement Rule: Individual Tort Liability for Co-op & Condo Boards, The Cooperator
By Adam Leitman Bailey February 1st, 2013 Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board Full Article…
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