Adam Leitman Bailey Articles

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Applying the Business Judgement Rule: Individual Tort Liability for Co-op & Condo Boards, The Cooperator

  • The Cooperator •
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation, Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions, Insurance Defense Litigation

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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Owner’s Rights to Inspect Management Records, New York Law Journal and N.Y. Real Property Journal

  • New York Law Journal and N.Y. Real Property Journal •
  • About Mitchell-Lama/ Housing Development Fund Corporation (HDFC) & Third Party Transfer Representation, Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium/Board of Managers Representation of Newly Constructed Buildings & Conversions

By Adam Leitman Bailey April 10th, 2013 Since the Legislature gave birth to the first cooperative and condominium laws, very few issues have had as much attention and confusion as boards’ concerns about the extent of unit owners’ access to inspect the management books and records. Regarding cooperative buildings, many of the most prominent questions  Full Article…

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Dealing With the Disruptive: How to Handle Problem Residents, The Cooperator

  • The Cooperator •
  • Condominium & Cooperative Representation

By Maggie Puniewska October 1st, 2013 Living in a condo means putting up with certain occasional inconveniences: that curious odor emanating from the neighbor’s unit, the downstairs saxophone player who practices every Tuesday afternoon, or that one resident that insists at every meeting that the board is spending too much money (even if they are  Full Article…

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Who’s in charge when ice is falling?, Real Estate Weekly and Apartment Law Insider

  • Real Estate Weekly and Apartment Law Insider •
  • Adam Leitman Bailey, Condominium & Cooperative Representation, Insurance Defense Litigation

By Adam Leitman Bailey and John M. Desiderio January 28th, 2014 So far this winter, New York City has had two severe snow-falls, with accompanying frigid temperatures, and it appears that this weather pattern is likely to hold through the end of February. As a result, snow and ice is accumulating on the roofs and  Full Article…

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The Fine Lines In Suing to Evict Tenants’ Families, The New York Law Journal

  • The New York Law Journal •
  • Adam Leitman Bailey, Condominium & Cooperative Representation, Landlord Representation, Tenant Representation, Uncategorized

By: Adam Leitman Bailey & Dov Treiman July 2nd, 2007 When it comes to subletting, relatives are in an entirely different category than other persons. Relatives stand at the boundary line between family members who occupy the premises as an incident of the family relationship1 and strangers who bought into the right or privilege to  Full Article…

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Q&A: Question of Ownership, The Cooperator

  • The Cooperator •
  • Adam Leitman Bailey, Condominium & Cooperative Representation, Uncategorized

By Adam Leitman Bailey April 1st, 2014 Q: On the stock certificate for our co-op, it just lists “John & Jane Smith.” Does that mean we own it “tenants by entirety” or “tenants in common?” If we want “tenants by entirety,” do we need to have it re-issued to state so? —Stocking Up A:“It depends  Full Article…

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Lessons from SuperStorm Sandy: Issues Facing Cooperative and Condominium Boards and Managers, The Cooperator

  • The Cooperator •
  • Adam Leitman Bailey, Condominium & Cooperative Representation

By Adam Leitman Bailey April 1st, 2014 Most buildings in flood zone areas already maintained flood insurance as a result of lender requirements and therefore were covered by Sandy. The biggest surprise was those persons who use their homes as home offices or the building rents out office space and maintained business interruption insurance only  Full Article…

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Revenue or Reduction

  • https://alblawfirm.com/press-mentions/board-budgeting/ •
  • Condominium & Cooperative Representation

By: Liz Lent January 1st, 2012 Budgeting is never easy, not for a family of four and certainly not for a co-op or condo community of hundreds or thousands of residents. That fact is made all the more difficult by the lingering effects of the recession, which continues to wreak havoc with our confidence as  Full Article…

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