December 10, 2024 | New York Law Journal
Managing the Ladder: An Overview of Modern Equitable SubrogationAs a follow-up to their previous article published almost 15 years ago, authors Adam Leitman Bailey and Dov Treiman discuss the law of equitable subrogation including many of the possible consequences from this doctrine in foreclosure practice.
By Adam Leitman Bailey and Dov Treiman
13 minute read
October 08, 2024 | New York Law Journal
Avoiding Usury: Determining the Maximum Interest That Can Be Legally ChargedAdam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: "In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter."
By Adam Leitman Bailey, Dov Treiman and Danny Ramrattan
14 minute read
August 13, 2024 | New York Law Journal
Permissive Encroachments Under Post-2008 Adverse Possession LawAdam 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.
By Adam Leitman Bailey and John M. Desiderio
14 minute read
June 11, 2024 | New York Law Journal
New Home Construction Issues: 26 Years After 'Fumarelli'This article covers developments regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à vis purchaser-vendees of "new home" condominium and co-op residential construction.
By Adam Leitman Bailey and John M. Desiderio
20 minute read
April 09, 2024 | New York Law Journal
Foreclosure Abuse Prevention Act in a NutshellAdam Leitman Bailey and John Desiderio examine the background leading to the FAPA legislative amendments and how they have been construed, in recent Appellate Division decisions, where courts have been required to determine their application.
By Adam Leitman Bailey and John M. Desiderio
19 minute read
February 13, 2024 | New York Law Journal
Recently Passed Real Estate Nightmare LegislationA review of some of the most noteworthy landlord-tenant related legislation of 2023 and early 2024 involving criminal background checks, stopping short-term tenancies, flood histories and rent regulation.
By Adam Leitman Bailey and Dov Treiman
15 minute read
December 12, 2023 | New York Law Journal
Who Bears Responsibility for Required Condo/Co-Op Apartment Repairs?In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney's role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is to focus on the several important tasks, discussed here.
By Adam Leitman Bailey and John M. Desiderio
12 minute read
October 17, 2023 | New York Law Journal
Understanding the Anti-Harassment Housing Laws in NYCA discussion of the anti-harassment housing ordinance, which the authors describe as a "wild hodgepodge of prohibited conducts."
By Adam Leitman Bailey and Dov Treiman
11 minute read
August 15, 2023 | New York Law Journal
When Is an Attachment Levy Effective?"Racing to find and attach and garnish a judgment debtor's assets before they literally disappear is an old sport played, most recently, at a higher level due to the stressful economic real estate times." This article discusses some of the authors' "war wounds and successes" with the issue, highlighting the most relevant case law and statutes.
By Adam Leitman Bailey and John M. Desiderio
19 minute read
June 20, 2023 | New York Law Journal
Awarding Attorney Fees in Access to Property ProceedingsThe right to access another's property codified in RPAPL §881, once described, as recently as 2002, as a "little-used law" is now used for lawsuits that arise on a frequent basis, amidst the constantly evolving New York City building scene, when a property owner or developer requires access to an adjoining property to facilitate completion of either a new or renovation construction project.
By Adam Leitman Bailey, John M. Desiderio, and Joanna C. Peck
11 minute read
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