By Adam Leitman Bailey, Dov Treiman CPLR Article 78 gathers together the old writs used by the common law courts to review the work of administrative agencies. Section 7803 of that article limits the questions that can be raised in such proceedings to whether the agency failed to perform its duty, acted in excess of Full Article…
By Dov Treiman After decades of hearing predictions for paperless offices being just around the corner, we are finally seeing them because the environmental concerns make paper-based transactions unappetizing, and the inherent fragility of paper makes it last millennium’s technology. Amazingly, real estate, one of the most conservative of the areas of law has been Full Article…
By Adam Leitman Bailey and Dov Treiman Although beginning the process in 1848 [FN1] of leading the English speaking world in the development of civil procedure designed to achieve justice based on the deeds and misdeeds of the litigants, New York did not achieve any kind of genuine system to accomplish that goal until 1963. Full Article…
By Jeffrey R. Metz In the past 18 months, the judiciary and the City Council have carved out protections for tenants qualifying for what is commonly known as the Section 8 Program.1 Complaints that these new protections require owners, large and small, to lose a significant amount of control over those to whom they rent, Full Article…
By: Adam Leitman Bailey & John M. Desiderio January 1st, 2006 A landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant’s defaulting on the payment of rent Full Article…
By Adam Leitman Bailey and Dov Treiman Two State laws make a tenant’s illegal use of rented premises a matter of considerable concern to owners. One law empowers local prosecutors to bring eviction proceedings against both the illegally operating tenant and the premises’ owner; the other makes the owner as liable as the tenant for Full Article…
Profile of the Week Metz aiming for All-Star status at growing law firm Real Estate Weekly, Jan 28, 2009 by Daniel Geiger Jeffrey Metz, a well-known real estate lawyer has joined the law firm Adam Leitman Bailey P.C. Metz had previously worked in the appeals bureau of the firm Borah, Goldstein, Altschuler, Nahins and Goidel, Full Article…
By Adam Leitman Bailey and Dov Treiman In what is commonly known as an HP action, tenants can bring a court proceeding against a building owner asking the court to order the owner to make necessary repairs and correct code violations. However, in some circumstances, forcing an owner to make the ordered repairs could cause Full Article…
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