Adam Leitman Bailey, P.C. was retained by a title company to represent a lender in a shareholder derivative action which was commenced by a limited partner, individually and on behalf of the partnership, alleging that the general partners were using the partnership as their own personal piggy bank taking out millions of dollar in unauthorized Full Article…
Permissive Encroachments Under Post-2008 Adverse Possession Law
Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008. In Full Article…
A Street Fight in the Bronx
ADAM LEITMAN BAILEY’S FIRM HELPED SETTLE A BRONX BRAWL OVER LAND BETWEEN TWO PARTIES AND BROUGHT VICTORY AGAINST A LONG-STANDING POWERFUL FAMILY IN NEW YORK. This matter came to Adam Leitman Bailey, P.C. (ALBPC) at the beginning of 2017. The resulting decision issued by the Appellate Division on March 9, 2023—six years later—shows how dogged Full Article…
Adam Leitman Bailey, P.C., Protects Landlord’s Rights Under a 25-Year Old Easement
Plaintiff bought a property in 1998; her deed included an easement retained by the vendor to permit access across its driveway to the loading dock of its then-neighboring warehouse “…for the purpose of permitting ingress and egress of persons and motor vehicles.…” Before 2012, Plaintiff was allowed to traverse Vendor’s driveway to park in the Full Article…
Adam Leitman Bailey, P.C. Secures Landmark Decision for Title Insurer Establishing New Precedent Regarding a Title Insurers’ Obligations Related to Consolidated Mortgages
Adam Leitman Bailey, P.C. was retained to defend a title insurer in an action where the lender sought declaratory judgment that a title insurance policy remained in full force and effect. The title insurer issued a title insurance policy in connection with a mortgage in the amount of $1,995,000.00. That mortgage was assigned twice. Thereafter, Full Article…
Mission Impossible: Securing Almost 2 Million Dollars From a Convicted Felon to Payoff Claims Owed to Commercial Lender
In the life of a title litigator, you want to be challenged and have interesting cases where you are asked to use your best skills to prevail. We were delighted to be told that this claim required the most aggressive, street-smart law firm on the Fortune 500 companies attorney list and we could not feel Full Article…
Adam Leitman Bailey, P.C. Preserves Six Million Dollars In Loans Made by Its Client
When the managing member of three real estate LLCs sought to refinance the existing senior debt, Adam Leitman Bailey, P.C.’s client made loans totaling approximately six million dollars. There was also a mezzanine lender, whose agreement with the holding company for the LLCs, required its written permission for an activity such as a refinance. None Full Article…
Adam Leitman Bailey, P.C. Wins Summary Judgment Despite Attacks on the Servicer’s Limited Power of Attorney and on the Affidavits of Service for the Notices
Adam Leitman Bailey, P.C. was retained by a lender in connection with the foreclosure of a business purpose loan on a residential premises in Suffolk County. Once the firm moved for summary judgment, the defendants argued that the affidavit of a Vice President from the loan servicer and attorney-in-fact to the plaintiff was insufficient to Full Article…