February 10, 2016 Single-room occupancy housing, or more commonly called SROs, exist throughout New York City. When purchasing such a dwelling without the proper paperwork, you will not be able to obtain a permit to do renovations, a buyer cannot evict the residents who are rent-regulated tenants, and the owner may be required to maintain Full Article…
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The State of the Business Judgment Rule Appellate Court Rulings By Adam Leitman Bailey
February 2016 By Adam Leitman Bailey The greatest changes in cooperative and condominium law this past year did not come from the legislature or from the courts but from the New York Attorney General’s office (NYAG). This article will review some of those changes and the most significant appellate cases affecting cooperatives and condominiums. Buyouts Full Article…
The Rules for Allowing Pets in ‘No-Pet’ Buildings
April 13th, 2016 By Adam Leitman Bailey and John M. Desiderio When determining whether an owner’s pet qualifies for admittance in no pet buildings, cooperatives and condominiums must be extremely careful to follow the federal, state, and city fair housing laws governing how far a board can go when investigating and denying an animal’s entrance. Full Article…
Analyzing Adverse Possession Laws and Cases of the States East of the Mississippi River: American Land Title Association
The basic elements a party must demonstrate to successfully claim adverse possession are essentially the same throughout these states. One must show by clear and convincing evidence that he or she has actually and exclusively possessed the land in an open, notorious, continuous, and hostile/adverse manner under claim of right for the statutory period. Where Full Article…
Recent Efforts to Speed Up Foreclosure Proceedings in N.Y.
August 30, 2016 Recent Efforts to Speed Up Foreclosure Proceedings in N.Y. As a result of governmental intervention, New York boasts one of the longest foreclosure timelines in the country, taking an average of 1,061 days from the date of the filing of the foreclosure action to the sale of the property at auction, which Full Article…
Commercial Tenant Harassment in New York City—Questionable Medicine
October 25th, 2016 By Adam Leitman Bailey and Dov Treiman Effective September 26, 2016, New York City adopted an ordinance giving commercial tenants a cause of action against their landlords for “harassment.” Clearly modeled on a similar law adopted in favor of residential tenants some few years ago, the authors of this bill may not Full Article…
Court Clarifies Condo Owners’ Right to Inspect
December 20, 2016 By Adam Leitman Bailey and John M. Desiderio In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case ‘Pomerance v. McGrath,’ in which the court has clarified the rights of condominium owners to inspect management books and records. In its 2013 decision in Pomerance v. Full Article…
Analyzing Easement Laws and Cases in the States East of the Mississippi River
January/February 2017 Vol. 31 No. 1 By Adam Leitman Bailey and Israel Katz This article analyzes the laws of easements in the 26 states that lie east of the Mississippi River, including the various methods for their creation, their nature, and scope. In researching and writing this article, the authors limited their research to appellate Full Article…
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