By Adam Leitman Bailey and Dov Treiman As of Sept. 1, New York has abolished its old easy single-sheet statutory power of attorney form (POA) and replaced it with a tremendously complicated new law1 describing a highly complex new document with a misleadingly named optional rider.2 The 1948 original form and its successors were designed Full Article…
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Moving Beyond the Mistakes of MERS to Secure a Profitable National Title System, ABA Probate & Property
by Adam Leitman Bailey, Dov Treiman Adam Leitman Bailey is the principal of Adam Leitman Bailey, P.C., in New York, New York. Dov Treiman is a partner in the New York, New York, office of Adam Leitman Bailey, P.C. In Homer’s Odyssey, Odysseus is called on to sail his crew through the Straits of Messina, Full Article…
Adverse Possession in a Post- ‘Walling’ World
By: Adam Leitman Bailey & John M. Desiderio October 12th, 2011 In a prior article, which reviewed adverse possession cases decided by New York courts in the two years following the 2008 amendments to Article 5 of the Real Property and Proceedings Law (RPAPL), the authors noted that “during this period of transition, the courts Full Article…
Adverse Possession: Veto Confirmed Existing Law on ‘Claim of Right’
By: Adam Leitman Bailey & John M. Desiderio September 12th, 2007 This past session, the New York State Legislature passed a bill1 that would have effectively eliminated the doctrine of adverse possession as we know it today. However, on Aug. 28, Governor Spitzer vetoed the bill noting the “radical impact” it would have had on Full Article…
Defining When “Time is of the Essence”
By: Adam Leitman Bailey & John M. Desiderio May 9th, 2007 The Court of Appeals has recently reemphasized, for sellers’ attorneys, the importance of drafting clear and unequivocal “time of the essence” clauses in those real estate contracts where circumstances justify conditioning the sale upon the buyer’s timely performance of one or more stated conditions. Full Article…
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