By Adam Leitman Bailey and John M. Desiderio Commercial landlords need relief. They are, and have been increasingly, frustrated by the procedural and substantive moves that determine (more often than not) the scope and duration of an eviction action in landlord-tenant litigation. A knowledgeable commercial tenant’s attorney, without any great effort, will readily employ defensive tactics Full Article…
Recording: The Boundaries of the Whole World
By Adam Leitman Bailey, Dov Treiman and Jackie Halpern Weinstein Basic to any lawyer’s understanding of the recording statutes,1 is the concept that the proper recording of an instrument in recordable form places “the whole world” on notice of the interest claimed in the recorded instrument.2 In a July 2011 Supreme Court decision from Brooklyn, Full Article…
Enforcing the Contract – Obtaining Down Payment on Specific Performance
By Adam Leitman Bailey and John M. Desiderio At the pinnacle of real estate law, the real estate closing may be the most basic and common real estate experience, but the familiarity ends once a provision of the contract of sale has been breached. Inspired by the number of telephone calls, e-mails, and general correspondence Full Article…
Finding the Uncommon Deal
Friday, April 8, 2011 REVIEWED BY BARBARA JAFFE By Adam Leitman Bailey, Wiley New York, N.Y. 230 pages, $19.95 Although a quick search on Amazon.com yields an abundance of books on how to buy a home, full disclosure, I have not read them. However, only one is authored by real estate attorney Adam Leitman Bailey. Full Article…
New Rules Aim to Curb Excessive Closing Costs
By Adam Leitman Bailey and Dov Treiman After extensive study, the federal Department of Housing and Urban Development has issued new rules under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C 2601-2617, of 1996. The regulations represent a victory for borrowers since they will impose on lenders and their allies more pricing and product Full Article…
Adverse Possession, New York Law Journal
Adam Leitman Bailey and John M. Desiderio have authored four Adverse Possession articles that have been published in the New York Law Journal: Adverse Possession After the 2008 RPAPL Amendments Adverse Possession: Changes Make Result Less Certain Adverse Possession: Veto Confirmed Existing Law on ‘Claim of Right’ Adverse Possession in a Post-‘Walling’ World
New Construction: What You Need to Know, New York Living
By Adam Leitman Bailey When you buy a newly constructed property, you hope to live in a home with the most technologically advanced electrical, ventilation, and air-conditioning systems, and the latest appliances, fixtures, and plumbing. You also want the advantage of owning brand-new big-ticket items, such as the boiler and roof. The replacement or repair Full Article…
Adam Leitman Bailey Provides Game Plan for Representing New Constructed Condominium Associations in Habitat Magazine’s 2006 Attorney Survey
Newly constructed condominium buildings suffering from serious structural and nonstructural defects have infected my firm’s litigation caseload. Because of a total disregard of New York City’s fire and safety requirements, and the failure to provide insulation, a leak-free roof, a functioning HVAC system, and hundreds of other repairs, one of these buildings may need to Full Article…