By Adam Leitman Bailey and John M. Desiderio In 1998, in Fumarelli v. Marsam Construction, Inc.1 the New York Court of Appeals decided that the statutory housing merchant implied warranty contained in Article 36-B of the General Business Law2 “effects a complete substitute for the common law remedy” that the Court itself first proclaimed ten Full Article…
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Q & A: One Good Reason, The Cooperator
By Adam Leitman Bailey Q. When an applicant applies to buy into a co-op and pays the high application fee, yet is denied by the board, shouldn’t they be given a reason why they were rejected? I feel strongly that the board is wrong in turning someone away without so much as an explanation, especially after Full Article…
Q & A: Dealing with Deadbeats, The New York Times
By Adam Leitman Bailey Q. I am the president of a 29-unit condo near Pennsylvania Station. The owners of one apartment have not paid their common charges for five years. They refuse to respond to any correspondence we send. The apartment is rented to tenants who claim they have no contact with the owners; they Full Article…
Standing to Sue Sham Condo, Co-Op Sponsors Changed, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Kramer v. W10Z/515 Real Estate Ltd. Partnership, 1 a recent decision of the Appellate Division, First Department, is a case of great importance to purchasers of new condominium and cooperative apartment units. In a sweeping opinion, the court completely overhauled, if not expressly overruled, a line of Full Article…
Q & A: A New Board Member Asks to See Old Minutes, The New York Times
By Adam Leitman Bailey Q. I was elected to the board of my self-managed co-op. After several meetings, I asked to see the minutes of the last five years so that I could better understand the building and its management. I was told that I did not have the right to see these minutes. It Full Article…
Navigating Buyers and Developers Through New Construction Deals, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio In late 2008, the real estate sky had started to fall and fall quickly. As a result of the loss of financing and wages, many purchasers in contract to buy a unit in a newly constructed building were either no longer able or willing to close on Full Article…
Pifalls for Buyers: Careful Drafting, Detailed Inquiries Minimize Risk, New York Law Journal
By Adam Leitman Bailey and Dov Treiman Recent case law demonstrates that buyers of residential property with rent-regulated units have been blind-sided by financial risks arising from their attorneys’ ignorance of rent regulatory laws. Although many of these cases go unreported, the recent decision of Newport Partners v. DHCR,1 is typical of the hazards uninformed Full Article…
Power-of-Attorney Changes Scramble Property Transfers, New York Law Journal
By Adam Leitman Bailey and Dov Treiman As of Sept. 1, New York has abolished its old easy single-sheet statutory power of attorney form (POA) and replaced it with a tremendously complicated new law1 describing a highly complex new document with a misleadingly named optional rider.2 The 1948 original form and its successors were designed Full Article…
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