With orders to stay indoors, and residents working at home and boards tasked with deciding on how to run their buildings making important decisions on how to avoid spreading the deadly virus, heightened tensions and heated moments between shareholders and owners and their boards naturally reached new levels. One of the tools used to engage Full Article…
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Adam Leitman Bailey, P.C. Defeats Dismissal Motion, Wins Summary Judgment in Commercial Non-Payment Proceedings during COVID-19
Representing a commercial landlord in two highly contested summary non-payment proceedings, Adam Leitman Bailey, P.C. defeated the tenant’s motions for summary judgment and dismissal and won summary judgment awarding the landlord possessory and monetary judgments. The cases involved two adjacent spaces on the ground floor of a commercial building located in the Port Morris area Full Article…
Adam Leitman Bailey, P.C. Halts Airbnb Abuses by Unit Owner
The Board of a Condominium engaged Adam Leitman Bailey, P.C. after one of its units owners repeatedly listed his apartment on Airbnb, and other transient use websites, for short-term rentals, in violation of New York law and the governing documents of the building. Specifically, § 27-2004.a.8(a) of the Housing Maintenance Code, expressly prohibits transient, short-term Full Article…
Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal
Adam Leitman Bailey, P.C. was retained by the note owner to salvage a 2007 foreclosure action that was dismissed pursuant to CPLR § 3216 for the Plaintiff’s prior counsel’s alleged failure to prosecute. By virtue of the CPLR § 3216 dismissal, foreclosure of the loan was then time-barred by the statute of limitations, and the Full Article…
Adam Leitman Bailey, P.C. Wins Post Foreclosure Writ of Assistance; Defeats Prior Owner’s Motion to Vacate Default
Representing the buyer of a commercial property after a foreclosure sale in Suffolk County, New York, Adam Leitman Bailey, P.C. won a motion for a writ of assistance under New York Real Property Law § 221 to evict the prior owner church and to put the firm’s client into possession of the property. Simultaneously, partnering Full Article…
Adam Leitman Bailey, P.C. Finds COVID-19 Relief for Landlords Trying to Court New Tenants
One of the problems facing landlords throughout NYC is the rapidly rising vacancy rate because of COVID-19. In spite of the rent stabilization laws, landlords are now competing with each other to offer their tenants better and better deals just to keep them or to entice them to rent an apartment. With the amendments to Full Article…
Adam Leitman Bailey, P.C. Accelerates the Issuance of a Certificate of No Harassment During COVID-19
Since Certificate of No Harassment Unit of the Housing Preservation and Development of the City of New York was inundated with hundreds of thousands owners’ applications for Certificates of No Harassment pre – pandemic that one can only imagine what the grinding halt of the COVID-19 lockdown meant for owners waiting for a determination on Full Article…
Adam Leitman Bailey, P.C. Leads and Guides Owner on How to Legally Secure Possession of a Commercial Space During COVID-19
The COVID-19 pandemic gave rise to a plethora of executive orders and judicial memoranda that prohibit owners from enforcing their contractual rights against commercial tenants in default of their lease. Many New York City owners, in the exercise of good business sense and compassion, worked out deals with tenants during these harsh economic times. However, an owner’s Full Article…