By John Desiderio June 11, 2019 In the practice of real estate law today, very few legal issues are getting as much attention and at the same time being applied incorrectly by practitioners as anticipatory repudiation (or breach) of contract. In this article, John Desiderio discusses the rules of anticipatory repudiation and attempts to discard Full Article…
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Court of Appeals to Decide Two Cases With Major Landlord-Tenant Implications
By Adam Leitman Bailey and Dov Treiman February 19, 2019 Adam Leitman Bailey and Dov Treiman discuss “Collazo v. Netherland Property Assets” and “Maddicks v. Big City Properties” — two cases which outcomes may signal “potentially enormous changes in how practitioners will practice landlord-tenant law.” In front of the Court of Appeals are two cases which outcomes Full Article…
‘Altman’ Alters Vacancy Deregulation
By Adam Leitman Bailey and Dov Treiman May 2, 2018 Adam Leitman Bailey and Dov Treiman discuss the recent landmark Housing Court case ‘Altman v. 285 West Fourth LLC’ where the Court of Appeals reversed the Appellate Division, First Department and deregulated thousands of New York City apartments. On April 26, 2018, the Court of Full Article…
Contesting Relocation Liens: Innocent Landowners Get Burnt
June 13, 2017 By Adam Leitman Bailey and Dov Treiman In a decision stronger on emotion than analysis, the Court of Appeals in Rivera v. HPD1 recently eliminated a building owner’s rapid path to determining the validity of liens placed against its building for housing preservation & development’s expenses in relocating the building’s tenants when Full Article…
The Section 8 Program: Voluntary Participation Is a Thing of the Past
By Jeffrey R. Metz In the past 18 months, the judiciary and the City Council have carved out protections for tenants qualifying for what is commonly known as the Section 8 Program.1 Complaints that these new protections require owners, large and small, to lose a significant amount of control over those to whom they rent, 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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