On a street in Harlem known worldwide for the performance and production of music, an upstart hometown music recording studio was embroiled in a dispute with its neighbor who complained the performance and production of his music was causing damages to his quality of life. The dispute heated up and litigation was commenced by the Full Article…
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Adam Leitman Bailey, P.C. Defeats Motion For Default And Contempt, As Well As Oath Summons, Despite Eleventh Hour Retention
On a street in Harlem known worldwide for the performance and production of music, an upstart hometown music recording studio was embroiled in a dispute with its neighbor who complained the performance and production of his music was causing damages to his quality of life. The dispute heated up and litigation was commenced by the Full Article…
Adam Leitman Bailey, P.C. Defeats Dismissal Motion, Wins Summary Judgment in Commercial Non-Payment Proceedings during COVID-19
Representing a commercial landlord in two highly contested summary non-payment proceedings, Adam Leitman Bailey, P.C. defeated the tenant’s motions for summary judgment and dismissal and won summary judgment awarding the landlord possessory and monetary judgments. The cases involved two adjacent spaces on the ground floor of a commercial building located in the Port Morris area Full Article…
Adam Leitman Bailey, P.C. Finds COVID-19 Relief for Landlords Trying to Court New Tenants
One of the problems facing landlords throughout NYC is the rapidly rising vacancy rate because of COVID-19. In spite of the rent stabilization laws, landlords are now competing with each other to offer their tenants better and better deals just to keep them or to entice them to rent an apartment. With the amendments to Full Article…
How to evict commercial tenants in 2021 despite the moratorium
By Adam Leitman Bailey and John M. Desiderio This article addresses and updates the law 15 years later on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants. As demonstrated below, courts continue to enforce its proper use, as it Full Article…
Post-Lease Expiration Nonpayment Proceedings
In their Housing Litigation Column, Adam Leitman Bailey and Dov Treiman write: As a general rule of thumb, when there is a definitive appellate pronouncement on a principle of law in one judicial department and the other departments are silent, the other departments will follow the departments who have spoken to the issue. However, this Full Article…
Commercial Tenant Harassment in New York City—Questionable Medicine
October 25th, 2016 By Adam Leitman Bailey and Dov Treiman Effective September 26, 2016, New York City adopted an ordinance giving commercial tenants a cause of action against their landlords for “harassment.” Clearly modeled on a similar law adopted in favor of residential tenants some few years ago, the authors of this bill may not Full Article…
Seven Secrets to Drafting An Effective Commercial Lease Default Lease
An effective commercial lease will dictate the future relationship between a commercial landlord and tenant. The more clauses forcing the commercial tenant to comply with its obligations, the better chance the landlord will have in not only have a successful relationship but also ensuring that the rent is paid and the tenant behaves. Below are Full Article…
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