Adam Leitman Bailey Articles

Adam Leitman Bailey Articles

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Managing the Ladder: An Overview of Modern Equitable Subrogation

  • Adam Leitman Bailey, Dov Treiman, New York Law Journal

As a follow-up to their previous article published almost 15 years ago, authors Adam Leitman Bailey and Dov Treiman discuss the law of equitable subrogation including many of the possible consequences from this doctrine in foreclosure practice. Almost 15 years ago, we authored “Split Between Departments Muddies Subrogation Doctrine” on this very page and this  Full Article…

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Avoiding Usury: Determining the Maximum Interest That Can Be Legally Charged

  • Adam Leitman Bailey, Danny Ramrattan, Dov Treiman, Foreclosure Litigation Group, Landlord Representation, New York Law Journal, Real Estate Administrative Proceedings/Environmental Control Board, Real Estate Litigation

Adam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: “In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter.” New York imposes two separate rates for determining usury, a  Full Article…

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Permissive Encroachments Under Post-2008 Adverse Possession Law

  • New York Law Journal •
  • Adam Leitman Bailey, John Desiderio, New York Law Journal, Real Estate Litigation, Title Insurance Claims Group

Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008.  In  Full Article…

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New Home Construction Issues: 26 Years After ‘Fumarelli’

  • Adam Leitman Bailey, John Desiderio, New Construction Litigation, New York Law Journal, Purchase & Sale of Homes, Real Estate Litigation

This article covers developments regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à vis purchaser-vendees of “new home” condominium and co-op residential construction. In this article, the authors, whose first jointly written article on new home construction was published  Full Article…

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Foreclosure Abuse Prevention Act in a Nutshell

  • Adam Leitman Bailey, Foreclosure Litigation Group, John Desiderio, New York Law Journal

In 2022, the New York State Legislature enacted the Foreclosure Abuse Prevention Act (FAPA), thereby amending several interrelated provisions of the Civil Practice Law and Rules (CPLR), the Real Property Actions and Proceedings Law (RPAPL), and the General Obligations Law (GOL), which affect how and when the statute of limitations may be invoked by defaulting  Full Article…

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Recently Passed Real Estate Nightmare Legislation

  • Adam Leitman Bailey, Condominium & Cooperative Representation, Dov Treiman, Landlord Representation, New York Law Journal

A review of some of the most noteworthy landlord-tenant related legislation of 2023 and early 2024 involving criminal background checks, stopping short-term tenancies, flood histories and rent regulation. While readers with differing interests will disagree about the cost/benefit effects of recent enactments (both legislative and regulatory) regarding the landlord-tenant relationship, all can agree that these  Full Article…

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Who Bears Responsibility for Required Condo/Co-Op Apartment Repairs?

  • Adam Leitman Bailey, Condominium & Cooperative Board & Building Representation, Condominium & Cooperative Litigation, Condominium & Cooperative Owner & Shareholder Representation, Condominium & Cooperative Representation, Condominium and Cooperative Discrimination, Condominium Development/Offering Plans, John Desiderio, New York Law Journal

In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney’s role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is  Full Article…

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Understanding the Anti-Harassment Housing Laws in NYC

  • Adam Leitman Bailey, Dov Treiman, Landlord Representation, New York Law Journal, Tenant Representation

For the first time since the passage of the first anti-harassment housing law, a comprehensive review of those laws and their applicability, purpose, penalties, and dates of effectiveness have been explained and analyzed in detail. The authors have sought to educate practitioners and their clients on this vastly misunderstood body of law. One of the  Full Article…

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RECENT POSTS

  • Adam Leitman Bailey, P.C. Defeats Summary Judgment by Long-Term Squatter Claiming Adverse Possession to Part of its Client’s Commercial Building
  • Escaping the Default Formula at the DHCR
  • Adam Leitman Bailey, P.C. Forces Cooperative to Approve Alteration Plans and Settles Discrimination Lawsuit
  • Adam Leitman Bailey, P.C. Secures Dismissal of Claims Against Individual Sponsor Principals in a Construction Defects Litigation
  • Adam Leitman Bailey, P.C. Successfully Defeats Former Co-Op Board President’s Attempt to Enjoin Certification of Board Election Results and to Require New Election

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