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
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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…
The Ins, Outs and All Arounds of New Construction, Divisions of Ubell Enterprises
By Adam Leitman Bailey When you buy a newly constructed property, your hope is to live in a home with the most technologically advanced electrical and ventilation systems, the latest appliances, the best fixtures, and perfect plumbing. You also want the advantage of owning brand-new big –ticket items such as the boiler and roof. The Full Article…
New Home Warranty: An Open Question Seeking an Answer, New York Law Journal
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…
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…
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…
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