Illegal cannabis shops have been popping up all over New York City. Businesses are selling marijuana and various cannabis-related products without required licenses, including from New York’s Office of Cannabis Management. Such operations expose the landlords to liability, including, nuisance and criminal behavior around the premises interfering with other tenants; threats from various agencies such Full Article…
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In a Battle of Foreclosure Actions, Adam Leitman Bailey, P.C. Successfully Leads Second Position Mortgage Lender to Win the Race to the Auction, Resulting in Full Payment
A highly desirable residential condominium unit was the subject of two competing foreclosure actions. ALBPC was retained by the second position lender to commence foreclosure proceedings and also to defend the lender’s interest in the first position lender’s foreclosure action. The first mortgage entered into a modification agreement with the borrower whereby it increased the Full Article…
Adam Leitman Bailey, P.C. Prevails in the Appellate Division by Successfully Defending Against Claim that its Client’s Complaint Should Have Been Stricken
In a heavily litigated foreclosure action that has had multiple motions and appeals, the borrower appealed from a decision of the Court that denied her motion to dismiss Plaintiff’s complaint pursuant to CPLR § 3126(c). The borrower argued that Plaintiff failed to comply with her discovery demands and dismissal of the complaint was warranted. Plaintiff Full Article…
Defeating Discovery Motion in Sophisticated Non-Payment Proceeding, Adam Leitman Bailey, P.C. Clears the Way to Collect Monies Owed
In a summary nonpayment eviction proceeding commenced against a residential tenant who had failed to pay rent for over a year, the tenant’s attorney sought leave to conduct discovery of documents and correspondence related to a misplaced defense, asserting that the building’s owner was barred from collecting rent for the duration of time the building Full Article…
Adam Leitman Bailey, P.C. Defeats Motion to Dismiss Clients’ Claims for Unpaid Commissions and Civil Rights Violations in Federal Court
In a wide-ranging case involving a real estate brokerage’s failure to pay commissions owed to one broker, and the brokerage’s racial discrimination against a real estate agent, religious discrimination against the broker, and retaliation against the broker for his opposition to the racist treatment of his co-worker, the agent, Adam Leitman Bailey, P.C. defeated, in Full Article…
Time of the Essence Closing: Amazing Preparation, Discovery of Another Home Buyer Purchased Spoiled Chances of Breaching Contract
This case was referenced to us by Seller’s attorney after he had declared “time is of the essence”.The sale involved an upscale waterfront property in a resort Long Is- land town. At the time the matter was referenced to us, the sale had been ongoing for many months. Purchaser had undertaken a number of inspections Full Article…
Adam Leitman Bailey, P.C. Obtains $830,000 in Capital Grant Money for Mitchell-Lama Co-op
Adam Leitman Bailey, P.C. serves as general counsel to many condos and co-ops throughout the city, including Mitchell-Lama co-ops. The Mitchell-Lama program provides affordable rental and cooperative housing to moderate and middle-income families. Our co-op client had been interested in adding additional green space throughout the complex, including an outdoor garden area, outdoor fitness equipment, Full Article…
Adam Leitman Bailey, P.C. Defeats A Borrower’s Brazen Attempt To Dismiss A Foreclosure Action On The Grounds That, Due To Her Own Delays, The Lender Failed To Hold A Foreclosure Sale In Accordance With RPAPL § 1351(1)
RPAPL § 1351(1) requires that a foreclosing lender hold a foreclosure sale within 90 days of the date that the lender obtains a judgment of foreclosure and sale. However, there are various procedural mechanisms a borrower can employ to delay such a sale. Adam Leitman Bailey, P.C. is well-versed in navigating the issues. In a Full Article…