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…
They Do the Crime – And It’s on Your Dime
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…
Metz aiming for All-Star status at growing law firm
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…
Economic Infeasibility
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…
The Most Influential Commercial Lease Cases in the Last Century that Every Drafter and Litigator Must Know, New York Real Property Law Journal
By Adam Leitman Bailey & Dov Treiman For almost two years, attorneys at Adam Leitman Bailey, P.C. have been compiling a list of the greatest commercial lease cases of all time. The authors have always been fans “greatest” lists—there being something special about choosing the best among so many great people, entertainers, athletes, composers, or, Full Article…
What You Must Know When Negotiating a Rooftop Antenna Contract, The Cooperator
By Adam Leitman Bailey and Dov Treiman As the trilogy of real estate values rising, building usage changing, and cellphone and Internet communications became universal, wireless telecommunications companies became popular defendants in the Commercial Part of New York’s Civil Court. Owners began examining their rooftop antenna agreements to determine means to terminate them. Many of Full Article…
How to Win Eviction Case Against Tenant Who Overcharges Roommate, New York Apartment Law Insider
If you discover that a rent-stabilized tenant is overcharging a roommate, you may be able to win the tenant’s eviction in housing court. But winning these types of eviction cases isn’t easy, says Manhattan attorney Adam Leitman Bailey. You have to prove that the tenant, in fact, has been charging the roommate more than what’s Full Article…
Pitfalls for Buyers: Careful Drafting, Detailed Inquiries Minimize Risk, New York Law Journal
By Adam Leitman Bailey and Dov Treiman Recent case law demonstrates that buyers of residential property with rent-regulated units have been blind-sided by financial risks arising from their attorneys’ ignorance of rent regulatory laws. Although many of these cases go unreported, the recent decision of Newport Partners v. DHCR,1 is typical of the hazards uninformed Full Article…