Adam Leitman Bailey, P.C. was retained to defend a title insurer in an action where the lender sought declaratory judgment that a title insurance policy remained in full force and effect. The title insurer issued a title insurance policy in connection with a mortgage in the amount of $1,995,000.00. That mortgage was assigned twice. Thereafter, Full Article…
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Adam Leitman Bailey, P.C. Preserves Auction Sale For An Innocent Purchaser
The firm was retained to represent an entity which purchased a property for valid consideration after the prior owner failed to satisfy a mechanics lien and never sought to redeem. After the sale, the prior owner claimed that it had not been given the notice of the sale as had been directed by a prior Full Article…
Adam Leitman Bailey, P.C. Recovers Substantial Rental Arrears From A Commercial Tenant Which Violated The Payment Condition Of A Yellowstone Injunction
It seems like an unremarkable principle: a commercial tenant, which is in breach of its lease and has been served with a Notice to Cure, cannot then sue its landlord, and stop paying rent during the pendency of the action. This is especially true when the tenant seeks and receives a Yellowstone Injunction which tolls Full Article…
Adam Leitman Bailey, P.C. Client Receives “Probable Cause” Ruling Determined after Failing to Pay Commissions Owed and Committing Unlawful Racial Discrimination
Adam Leitman Bailey, P.C. succeeded in obtaining, for its client in a civil rights proceeding, a finding of probable cause that the client’s former employers, a high-end residential real estate brokerage company and two related companies, discriminated against the client in violation of New York state employment discrimination law. Adam Leitman Bailey, P.C. represented a Full Article…
Despite Throwing the Kitchen Sink, Knives and Tables at the Landlord, Dinner is No Longer Being Served at This Restaurant —Eviction Ordered and Effectuated
In the realm of commercial real estate, disputes between landlords and tenants regarding nonpayment of rent can be intricate and demanding. The attorneys here at Adam Leitman Bailey, P.C. take pride in assessing these intricacies and obtaining favorable results for their clients. Representing the landlord in a commercial nonpayment proceeding against a restaurant tenant, and Full Article…
Adam Leitman Bailey, P.C. Prevails on Motion for Summary Judgment Against Commercial Tenant in Supreme Court Ejectment Action Under RPAPL Article 6
Through creative lawyering, Adam Leitman Bailey, P.C. found yet another way to win for its client. In this matter, Adam Leitman Bailey, P.C. was faced with a difficult situation while in midst of Covid—Adam Leitman Bailey, P.C.’s client, the landlord of a commercial property in Nassau County (the “Premises”), was at the mercy of its Full Article…
Mission Impossible: Securing Almost 2 Million Dollars From a Convicted Felon to Payoff Claims Owed to Commercial Lender
In the life of a title litigator, you want to be challenged and have interesting cases where you are asked to use your best skills to prevail. We were delighted to be told that this claim required the most aggressive, street-smart law firm on the Fortune 500 companies attorney list and we could not feel Full Article…
Adam Leitman Bailey, P.C. Wins a Case of First Impression Under FAPA, Protecting its Client’s Mortgage in a Murky Legal Climate for Lender’s Rights
Adam Leitman Bailey, P.C. was retained by a lender to navigate through the ever-changing foreclosure laws and save the lender’s ability to foreclose. The lender’s foreclosure action was commenced in 2017. The lender moved for summary judgment, and the borrower cross-moved to dismiss, arguing that, per the Second Department’s holding in Bank of America, N.A. Full Article…