Situations arise every day requiring attorneys to commence an action seeking court intervention to obtain immediate provisional relief, “respecting the subject of the action,” to protect a client against actions, in violation of the client’s rights, by a person, who is either threatening, about to do, doing, or procuring or suffering to be done, actions, Full Article…
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Demolition: One of the Last Ways to Deregulate a Building
With the June 2019 passage of the Housing Stability and Tenant Protection Act (HSTPA), owners are desperately seeking ways out of rent regulation in an attempt to recapture the profitability their buildings previously had. Two such exit strategies are “substantial rehabilitation,” available only to deteriorated buildings, and “demolition,” generally available to rent-stabilized buildings regardless of their Full Article…
Adam Leitman Bailey, P.C. Secures Historic Westchester County Real Estate Settlement Following Motion to Enforce
BACKGROUND: Earlier this year, Adam Leitman Bailey, P.C. secured an absolute victory with an unprecedented multi- million-dollar settlement of multiple lawsuits. These lawsuits were brought by owners of a neighboring property to Adam Leitman Bailey, P.C.’s client in which they alleged an adverse possession claim against the client’s property, the last remaining vacant plot in a Westchester County Full Article…
Adam Leitman Bailey, P.C. Persuades Sponsor of Condominium to Fix Building Issues
In 2018, Adam Leitman Bailey, P.C. was retained by a group of unit owners at a prominent new construction condominium in lower Manhattan. There were numerous defects in the construction of their 150-unit building. The sponsor still controlled the board of managers and had only been performing band-aid repairs. The issues ranged from missing firestopping, Full Article…
Adam Leitman Bailey, P.C. Obtains a Preliminary Injunction and an Order of Contempt Against Holdover Licensees Illegally Using a New York City Apartment as a Single Room Occupancy Dwelling and for Short-Term Occupancy
In a New York County Supreme Court ejectment action, Adam Leitman Bailey P.C., prevailed on a motion for a temporary restraining order, then obtained an order of contempt against the non-complying occupants based on their illegal and dangerous use of a Class A apartment as a de facto single room occupancy dwelling and short-term rental Full Article…
Adam Leitman Bailey, P.C. Wins Declaratory Judgment, Permanent Injunction, and Judgment of Possession Against Nuisance Apartment Occupant Despite Ban on Evictions
Representing a residential landlord in a Supreme Court ejectment action, Adam Leitman Bailey, P.C. was tasked with securing possession of an apartment; second, Adam Leitman Bailey, P.C. was charged with protecting the safety and quiet enjoyment of the apartments of neighboring residents against an unauthorized nuisance occupant left over when the tenant of record vacated the apartment, but failed Full Article…
Residential Building Laws & the COVID-19 Pandemic
Past Precedents Can Inform Today’s Boards By Adam Leitman Bailey and John Desiderio May, 7 2020 Editor’s note: This article is Part 1 of a two-part series from the authors examining some of the many legal questions and considerations raised by the global pandemic for co-op, condo, and HOA boards, as well as landlords and Full Article…
Third-Party Tenant Harassment Poses Dilemma For Landlords
New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord “has the authority, ability, and opportunity to control the actions of the assailant.” However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Full Article…
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