By Adam Leitman Bailey and Dov Treiman April 9th, 2014 When the Empire destroyed the planet Alderaan in Star Wars IV, Obi-Wan Kenobi sensed “a great disturbance in the Force, as if millions of voices suddenly cried out in terror, and were suddenly silenced.” When the Appellate Division, First Department decided Miller-Francis v. Smith-Jackson,1 there Full Article…
Adam Leitman Bailey, P.C. Defends Commercial Property Owner From Predatory Lender’s Bad Faith Foreclosure Suit
Adam Leitman Bailey P.C., achieved an instant victory for its client, a borrower under a commercial loan, as a New York Supreme Court Judge, ruling from the bench, denied a lender’s bid to appoint a receiver for the borrower’s commercial property and simultaneously dismissed the lender’s foreclosure suit. The victory was the result of a Full Article…
Adam Leitman Bailey, P.C., Uses Creative Interpretation of Note and Mortgage in Successful Defense of Title Insurer in Foreclosure Action
Adam Leitman Bailey, P.C.’s Title Insurance Claims Group was recently retained by a title insurance company to defend title to a residential property threatened by a private-party foreclosure action. In 2000, the then owner of a residential property in Queens obtained a loan from his sister in the principal sum of $36,000. The loan was Full Article…
Adam Leitman Bailey, P.C., Snatches Victory From The Jaws Of Defeat
The Firm’s client is the operator of popular self-service storage facilities in Manhattan. After Plaintiff fell into arrears in the payment of her monthly storage fees, our client conducted a sale of the personal property maintained in plaintiff’s storage locker, as authorized by the New York Lien Law. Plaintiff sued to challenge the sale. In Full Article…
Manhattan Newly Constructed Condominium Takes Over Sponsor Controlled Board and Receives $450k + Apartment + Significant Construction Work without Judicial Intervention
The unit owners of a 24 unit luxury new construction condominium in Manhattan hired Adam Leitman Bailey, P.C. after the unit owners’ complaints and concerns about construction defects were ignored by the sponsor-controlled Board, and demands by the unit owners to the sponsor that the sponsor turn over control of the Board to the residents Full Article…
Adam Leitman Bailey, P.C. Prevails as Second Circuit Upholds Title of Developer That Acquired Property Sold in H.U.D. Auction
Second Circuit Affirms Ruling Where Foreclosure Is Limited to Bidders to Governmental Entities, Local housing fund development corporations (HFDCs) and Lien holders. The U.S Court of Appeals for the Second Circuit upheld the right of a municipal/private development partnership to acquire a low-income apartment complex from the U.S. Department of Housing and Urban Development (HUD) Full Article…
Getting a Brokerage Commission Paid
By: Adam Leitman Bailey & Jeffrey R. Metz February 20th, 2013 Brokers who deal with commercial properties are increasingly being denied their duly earned commissions. Given the multi-million transactions that are often involved in the world of commercial real estate in New York City, these commissions can be considerable and worth fighting over. Many of Full Article…
Adam Leitman Bailey, P.C. Wins Landmark Case and Makes New Law in Unsealing Court Settlements
A unanimous panel of the Appellate Division, First Department, upheld a lower court’s decision to unseal settlement documents stemming from the 2008 collapse of a construction crane that killed seven people. The panel ruled in Squeri v. East 51st Street Development, 117452/08, that Manhattan Justice Carol Edmead properly exercised her discretion when she unsealed the documents Full Article…