The City’s new building code takes effect July 1, 2008. Some provisions apply to owners of existing buildings. Are you ready to meet the new code’s requirements? This seminar will give an overview of the key provisions of the new code and explain in detail what owners of existing buildings must do to comply with Full Article…
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Demonstrating the ‘Irrational’: Whatever Happened to Article 78? New York Law Journal
By Adam Leitman Bailey & Dov Treiman CPLR Article 78 gathers together the old writs used by the common law courts to review the work of administrative agencies. Section 7803 of that article limits the questions that can be raised in such proceedings to whether the agency failed to perform its duty, acted in excess Full Article…
Right of First Refusal: In Pursuit of an Effective, Litigation-Proof Proviso, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Since biblical Abraham’s purchase of his wife Sarah’s burial plot in Hebron from Ephron the Hittite, the transfer of land has been creative, predictable and repetitive.1 Despite the familiarity of such transactions, land transfers have been the subject of an inordinate amount of litigation. Of course, the Full Article…
Calls for State Insurance Threaten Property Transfers, New York Law Journal
By Adam Leitman Bailey and Dov Treiman Currently before the State Legislature are two bills, each jointly introduced in both houses, that would inject the state in the business of title insurance, damaging New York’s standing as the capital of real estate transactions. One would broaden the power of the State Insurance Fund to provide Full Article…
Split Between Departments Muddies Subrogation Doctrine, New York Law Journal
By Adam Leitman Bailey and Dov Treiman In an era when this nation’s economic stability depends, in part, on stable and unfettered real estate transfers, equitable subrogation provides a solution to some of the cracks in the system. However, as evidenced by a split between two departments of the Appellate Division, these cracks need some Full Article…
Growing Fraud- Self Help Measures Can Head Off Problems, New York State Land Title Association Bulletin
By Adam Leitman Bailey and Carly Greenberg Today’s bank robbers rarely use a mask and gun. The crimes are usually completed at a real estate transaction’s closing table. According to the Federal Bureau of Investigation, lenders incurred more than $1 billion in mortgage losses in 2005 as a result of fraud.1 During this same time Full Article…
Right of First Refusal: In Pursuit of an Effective, Ligitation-Proof Proviso, New York Law Journal
By Adam Leitman Bailey and John M. Desiderio Since biblical Abraham’s purchase of his wife Sarah’s burial plot in Hebron from Ephron the Hittite, the transfer of land has been creative, predictable and repetitive.1 Despite the familiarity of such transactions, land transfers have been the subject of an inordinate amount of litigation. Of course, the Full Article…
Q & A: The Trunk is in Their Yard, the Branches are in Yours, The New York Times
By Adam Leitman Bailey Q. I own a home that abuts property, owned by a railroad company, that has trees that are growing over my property and dropping large branches. When I contacted the company, I was told it does not clear branches from trees that grow over other owners’ property, but I could do Full Article…
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