BY ADAM LEITMAN BAILEY AND DOV TREIMAN It seemed 2010 required title companies to have the equivalent of Noah’s ark to ride the waves crashing at them this past year. On the legislative front, the industry had to defend its very existence against proposed legislation where the state government would create its own public title Full Article…
Enforcing the Contract – Obtaining Down Payment on Specific Performance
By Adam Leitman Bailey and John M. Desiderio At the pinnacle of real estate law, the real estate closing may be the most basic and common real estate experience, but the familiarity ends once a provision of the contract of sale has been breached. Inspired by the number of telephone calls, e-mails, and general correspondence Full Article…
Despite ‘Jones,’ Ambiguities In Title Chain Can Be Cured
By Adam Leitman Bailey and Dov Treiman When the Supreme Court decided Jones v. Flowers,1 it exacerbated a nagging problem for the title insurance industry – the necessity to do constitutional analysis when examining chains of title. With the current state of the economy, tax foreclosures are increasing. Thus, more properties have these ambiguities in Full Article…
Post-Sandy Legal Advice on Real Estate, Insurance and Property Issues
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 one below, Full Article…
How to Maximize Your Insurance Coverage and Governmental Assistance Post-Sandy
By Adam Leitman Bailey & Colin Kaufman NOTE that this is general information which may apply to you, but is not a substitute for discussing your individual situation with your lawyer and/or insurance broker. You should be aware that there are strict time limitations which may apply. Q: How do I know if my home Full Article…
Finding Individual Tort Liability for Board Members, New York Law Journal
By Adam Leitman Bailey and 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 Full Article…