ADVICE ON PET POLICY This has been an active and exciting year to be rendering cooperatives legal advice. The second highest court in the land gave incredible deference to cooperative boards by determining that the courts are prohibited from inquiring into actions of corporate directors taken in good faith and in the exercise of honest Full Article…
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Q&A: Ripped Off … Who’s Responsible? The Cooperator
By Adam Leitman Bailey Q. A Shareholder in our building claims that some valuables he kept in a storage room in the basement of our co-op were stolen after the lock to his storage space was allegedly broken. He is threatening to sue the co-op for “the failure to properly secure the premises.” He is Full Article…
Q & A: Co-ops, Condos and Mail Slots, The New York Times
By Adam Leitman Bailey Q. In condos and co-ops that have mail distributed into open slots by building staff, what regulations, if any, govern the handling of non-Postal Service mail? Do house rules alone dictate whether residents can leave noncommercial messages for other residents? Can quantity or frequency be restricted? Does it matter whether messages Full Article…
Q & A: When a Building Co-op Commandeers a Terrace, The New York Times
By Adam Leitman Bailey Q. Our terrace is the staging area for work on the co-op’s facade, rendering it virtually unusable. Are we entitled to a maintenance reduction? A. Adam Leitman Bailey,a Manhattan real estate lawyer, said that while a co-op’s governing documents might give a shareholder exclusive use of a terrace, the typical proprietary Full Article…
Coming Clean on Contracts
Coming Clean on Contracts Coming Clean on Contracts February 2011 The Situation. The building had a central laundry room that desperately needed renovation. The space, which had been serviced by the same company for the last decade, was dirty and dusty, with walls and flooring showing obvious signs of extended wear and tear. STEP 1 Full Article…
“Harnessing the Internet,” New York Law Journal
By Adam Leitman Bailey and Colin E. Kaufman The World Wide Web has changed real estate law forever. Harnessing the massive amounts of information on the Internet to enhance the practice of real estate law has become essential for every dirt lawyer. New York’s state and city governments have created useful Web sites to assist Full Article…
In the Spotlight: Drafting Better Leases for the Commercial Tenant,” Law Journal Newsletters
By Adam Leitman Bailey and John M. Desiderio Too many tenants’ businesses have suffered severe financial consequences or lost leases as a result of poorly drafted provisions. Therefore, it is imperative that tenants negotiate better commercial leases in order to protect their interests. The suggestions in this article provide proposed remedies for a few of Full Article…
Appellate Division Rules on Commercial Leasing
By Adam Leitman Bailey and Jeffrey R. Metz Many times, cooperatives and condominiums have commercial retail spaces connected to or below their building. These are immensely valuable as a result of the income generated by these stores and restaurants. Ergo, the importance of a new decision from the Appellate Division. Two decades ago, New York Full Article…
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