A recent decision from the Kings County Commercial Division has upheld contract, warranty, and veil-piercing claims alleged against a condominium sponsor and its principal for construction defects. In this action, the Board of Managers, represented by Adam Leitman Bailey, PC seeks to recover damages from the condominium sponsor and its principals for various construction defects, Full Article…
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Adam Leitman Bailey, P.C. Achieves Winning Settlement On Behalf Of Coop Sellers In Landmark Housing Discrimination Case
In a case of first impression, Adam Leitman Bailey, P.C. successfully represented the sellers of a cooperative apartment in a housing discrimination suit against their former Coop arising from the Coop’s failure to consent to a proposed sale of the apartment to elderly purchasers. When the Coop failed to approve the sale, despite the purchasers’ Full Article…
Inadvertent Sending of a Letter Should Not Result in Dismissal of a Meritorious Non-Primary Residence Action
In a case sadly reflective of certain decisions made by the judges of the housing court, the Appellate Term recently reinstated a non-primary residence proceeding that had been dismissed because the landlord sent a single letter to the daughter of the tenant of record acknowledging her recent move into her mother’s apartment. Based upon this Full Article…
Adam Leitman Bailey, P.C. Wins Non-Primary Residence Case and Attorney Fees in Victory
When a tenant sought Adam Leitman Bailey, P.C.’s help after his landlord commenced an eviction proceeding for non-primary residence, the attorneys at Adam Leitman Bailey, P.C. defended the tenant, prevailed in the case, and were awarded legal fees. This case demonstrates the pitfalls of an aggressive attorney pushing a weak position and getting punished for Full Article…
Making New Law, Adam Leitman Bailey, P.C., Obtains A Victory For Homeowners Association
In a case of first impression, Adam Leitman Bailey, P.C., attorneys obtained a victory that could benefit homeowners associations throughout New York. The issue in the case was whether the Board of Directors of a homeowners association – a residential development located in Arverne, Queens County, New York, which consists of 121 privately deeded homes Full Article…
Adam Leitman Bailey, P.C. Protects Insured Lender in Common Charge Lien Foreclosure Proceeding
In Board of Managers of Lorraine Terrace Condominium v. Annor, et. al., Adam Leitman Bailey, P.C. successfully protected an insured Lender‘s security interest in a Westchester condominium property, in defeating Plaintiff’s claim that the Lender did not hold the “first mortgage of record” as is defined by § 339-z of New York’s Real Property Law. Section 339-z gives Full Article…
Adam Leitman Bailey, P.C., Uses Creative Interpretation of Note and Mortgage in Successful Defense of Title Insurer in Foreclosure Action
Adam Leitman Bailey, P.C.’s Title Insurance Claims Group was recently retained by a title insurance company to defend title to a residential property threatened by a private-party foreclosure action. In 2000, the then owner of a residential property in Queens obtained a loan from his sister in the principal sum of $36,000. The loan was Full Article…
Adam Leitman Bailey, P.C., Snatches Victory From The Jaws Of Defeat
The Firm’s client is the operator of popular self-service storage facilities in Manhattan. After Plaintiff fell into arrears in the payment of her monthly storage fees, our client conducted a sale of the personal property maintained in plaintiff’s storage locker, as authorized by the New York Lien Law. Plaintiff sued to challenge the sale. In Full Article…