Attorneys Answer Six More Questions Boards Have About Superstorm Sandy, Habitat Magazine

By Adam Leitman Bailey, Leonard H. Ritz and Dov Treiman Jan. 15, 2013 — In this second of two installments, leading real-estate attorneys answer more condo and co-op board members have been asking about what’s expected of them and of shareholders / unit-owners in the terrible aftermath of superstorm Sandy. Q: Does the Board have  Full Article…

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Finding Individual Tort Liability for Cooperative and Condominium Board Members, the Appellate Division Takes a Large Scalpel to Business Judgment Rule, Thompson Reuters News & Insight

By Adam Leitman Bailey, John M. Desiderio Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc.,1 held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is not  Full Article…

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Advice for Clients Affected by Hurricane Sandy

Dear Clients, These are trying times and they are testing our character and spirits. We shall overcome this and come back stronger. As your lawyers, we are honored to be able to assist you during these trying times. From both on the ground with reinforcements to our legal advice and notices like the ones below,  Full Article…

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Applying the Business Judgement Rule: Individual Tort Liability for Co-op & Condo Boards, The Cooperator

By Adam Leitman Bailey February 1st, 2013 Recently, the Appellate Division First Department, in Fletcher v. Dakota, Inc., involving a shareholder in The Dakota, a historic luxury co-op on the Upper West Side, held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board  Full Article…

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Owner’s Rights to Inspect Management Records, New York Law Journal and N.Y. Real Property Journal

By Adam Leitman Bailey April 10th, 2013 Since the Legislature gave birth to the first cooperative and condominium laws, very few issues have had as much attention and confusion as boards’ concerns about the extent of unit owners’ access to inspect the management books and records. Regarding cooperative buildings, many of the most prominent questions  Full Article…

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Q & A: The Long Eviction Process, The New York Times

Real Estate Q & A By Jay Ramono To read on The New York Times website click here August 8th, 2013 Q. When I signed my lease, I also signed a rider stating that when the lease expires I become a month-to-month tenant. Now, a little more than two weeks before my lease is set  Full Article…

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Discard Old Leases ‘At Your Own Risk’, New York Times

August 16th, 2013 Q. Is it essential to retain copies of all renewal leases and documents for rent-stabilized apartments? I have been nervous about discarding old leases in case any legal disputes arise. What should I keep?   A. Rent-stabilized tenants should keep all leases going back to the beginning of the tenancy, according to  Full Article…

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Q & A: Losing a Bike Storage Spot, The New York Times

August 23rd, 2013 Q. I am a rent-stabilized tenant in a Manhattan condominium building. I have had a storage spot for my bicycle for 25 years — since before the building went condo. The board of managers has now taken away the storage spots for all of the two dozen rent-stabilized tenants in the building.  Full Article…

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