By Noeleen G. Walder July 9th, 2009 Temporary Relocation to Aid Aging Parents Found No Basis for Eviction From Rent-Stabilized Unit A landlord cannot evict a mother who left her teenaged daughter behind in her rent-stabilized New York City apartment while she relocated to California to care for her ailing parents, a state appellate court Full Article…
Adam Leitman Bailey, P.C.’s 2012 End of the Year Transaction Spotlight
Represented the purchaser in the acquisition of a building on West 87th Street for $10,300,000 on December 19th. The building contains 4 commercial tenants, a number of SRO units and a hostel. Represented the seller in the sale of 3 buildings located on West 158th Street, West 159th Street and West 161st Street for $10,000,000 on Full Article…
Overcoming Obstacles to Save Borrowers Thousands in Mortgage Tax
In the state of New York a New York Mortgage Recording tax is due and payable on each mortgage transaction both for purchases and refinances. The mortgage tax rate varies from county to county. In the five boroughs of New York City the rate is 1.8% on mortgage amounts under $500,000.00 and 1.925% on mortgage Full Article…
The Current State of Attorneys Fees
By Dov Treiman A recent decision of the Appellate Division, First Department, Krodel v. Amalgamated Dwellings, Inc., 166 A.D.3d 412, 88 N.Y.S.3d 31 (2018) inspires us to reexamine New York’s doctrine about recovering attorneys fees in litigation. Krodel itself explores a corner of the “American Rule” that holds that one cannot recover attorneys fees from an adversary in Full Article…
The New Rules of Seeking a Buyout of a Rent-Regulated Tenant
By Adam Leitman Bailey and Dov Treiman January 29, 2019 The New Rules of Seeking a Buyout of a Rent-Regulated Tenant In their Rent Regulation column, Adam Leitman Bailey and Dov Treiman discuss how recent changes to the New York City Administrative Code along with a recent decision in the Appellate Term, First Department, have Full Article…
The Sound and the Fury: Noise in Rentals, Co-ops and Condos
By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems with noise laws resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming Full Article…
Why We Do Not Hire Law School Graduates from the Ivy League Schools
In order to strive to become one of New York’s best real estate law firms we do not hire law school graduates from Harvard, Yale, Cornell, Columbia or any of the other traditional highest tier schools. Our hires come from the top of the classes of the second, third or fourth tier law schools. We Full Article…
FDA’s Poison Prevention Packaging Rule: A Bitter Pill the FDA is Forced to Swallow
By John M. Desiderio The U.S. Court of Appeals for the Second Circuit recently ruled unanimously that the Food and Drug Administration (FDA) is not authorized to regulate the packaging of solid dosage dietary supplements and drugs for poison prevention purposes.1 The court held that FDA exceeded its statutory jurisdiction when it issued regulations requiring unit-dose Full Article…