By: Adam Leitman Bailey & Dov Treiman March 20th, 2013 Q: Is there any difference in the law between how regulated and unregulated apartments are handled when the tenant cannot live there because of storm damage? A: Rent regulation makes almost no difference in the legal treatment of storm damaged or destroyed apartments. In unregulated Full Article…
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Declaratory Judgment: Judges May Weigh Title if Ancillary to Authorized Relief
By Adam Leitman Bailey and Dov Treiman There continues to be a good deal of confusion and controversy about what kinds of things the Civil Court can and cannot hear. Often litigants and sometimes even courts will mistake a call for the Civil Court to make a particular determination on the way to resolving a Full Article…
Default Clauses: Better Drafting Can Forestall Problems
By Adam Leitman Bailey and Dov Treiman Attorneys are making too much money litigating disputes between commercial landlords and tenants. Even the most frequently used “standard form” leases permit tenants to stall and strangle property owners.1 And these same leases leave tenants without proper recourse when property owners fail to follow written commitments.2 Instead of Full Article…
Adam Leitman Bailey, P.C.’s Aggressive Investigation Techniques Result in Denial of Sister’s Succession Claim
Adam Leitman Bailey, P.C., was recently called upon to investigate a tenant of record’s sister’s succession claim to a regulated apartment. Pursuant to applicable law, to remain in the apartment after the tenant vacated, the sister had the burden of proving a statutorily recognized familial relationship with the tenant (siblings qualify) and co-residency in the Full Article…
Whatever Happened to Article 78?
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…
Electronic Leasing: Viable Option for Building Owners? New York Housing Journal
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…
WITHER ‘SOFIZADE’? Many Courts Reject Ruling; First Department Silent
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…
The Section 8 Program: Voluntary Participation Is a Thing of the Past
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…
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