July 02, 2007 | New York Law Journal
The Fine Lines in Suing to Evict Tenants' FamiliesAdam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey PC, write that when it comes to subletting, relatives are in an entirely different category than other persons. Relatives stand at the boundary line between family members who occupy the premises as an incident of the family relationship and strangers who bought into the right or privilege to occupy the premises. The difference is crucial.
By Adam Leitman Bailey and Dov Treiman
10 minute read
March 14, 2007 | New York Law Journal
Economic InfeasibilityAdam Leitman Bailey, a partner in the law firm of Adam Leitman Bailey, and Dov Treiman, an associate at the firm, write that "economic infeasability," in which a landlord claims that the cost of correcting cited code violations is likely to exceed any revenue that can be obtained after making the required repairs, is a difficult defense to establish. However, in many cases, it is the only available defense.
By Adam Leitman Bailey and Dov Treiman
12 minute read
April 20, 2011 | Legaltech News
The Race to Erase Property Recording MistakesThere are three common mistakes whereby property buyers and lenders lose the priority they should otherwise have under the recording statutes: improper execution, indexing, and untimely submission of documents. To these ordinary errors, the courts have had a variety of responses. The use of modern technology, however, could eliminate most human errors.
By Adam Leitman Bailey and Jackie Halpern Weinstein
12 minute read
March 07, 2008 | New York Law Journal
Door Partly Closes for Buyer's Brokers Seeking FeeAdam Leitman Bailey, founding partner of Adam Leitman Bailey PC, and Jessica D. Scherer, an associate at the firm, write that a recent appellate decision dealt a sweeping blow to buyer's brokers in Manhattan and the Bronx, and it adds a firm layer of protection to sellers in those boroughs, who are already well insulated by the protections offered under the Statute of Frauds.
By Adam Leitman Bailey and Jessica D. Scherer
12 minute read
October 01, 2008 | New York Law Journal
Leasing DinosaursAdam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey P.C., write that current form leases do not take into account the developments in the law that have arisen since they were composed - some more than 20 years ago. Of course, the law is always in a state of development, and any form lease devised today can find some of its provisions made questionable by a decision that can come down tomorrow. But so many decisions have come down since the composition of the currently commercially available rent-stabilization leases that they have become dinosaurs, deserving of being relegated to a museum.
By Adam Leitman Bailey and Dov Treiman
19 minute read
May 03, 2010 | New York Law Journal
Navigating Buyers and Developers Through New Construction DealsAdam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio, a partner at the firm, write that, in the current econmomic climate, many developers have been willing to negotiate contract price reductions.
By Adam Leitman Bailey and John M. Desiderio
15 minute read
July 30, 2008 | New York Law Journal
A New DirectionAdam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, PC, write that without any riots, bloodshed, or major legislative changes, the overwhelming number of anti-landlord courts and decisions of the late 1970s to the mid-1990s have given way to new trends slowly wearing away at the rock of procedural and substantive protections meant to enable tenants to keep their tenancies despite alleged violations of their obligations.
By Adam Leitman Bailey and Dov Treiman
12 minute read
June 09, 2010 | New York Law Journal
HETPA Contains Land Mines For Unwary Attorneys, BuyersAdam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and Dov Treiman, a partner at the firm, write that despite its good intentions, the New York Home Equity Theft Prevention Act's anti-consumer effect easily makes it the worst real estate statute currently on the books
By Adam Leitman Bailey and Dov Treiman
13 minute read
June 10, 2009 | New York Law Journal
Despite 'Jones,' Ambiguities In Title Chain Can Be CuredAdam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, P.C., write: When the Supreme Court decided Jones v. Flowers, it exacerbated a nagging problem for the title insurance industry - the necessity to do constitutional analysis when examining chains of title. With the increase in tax foreclosures, more properties have these ambiguities. But, while we recognize that many titles come with problems from tax foreclosures in the chain of title, we do not find the need to reject such titles. Instead, one can take measures to make these transactions as safe as any other.
By Adam Leitman Bailey and Dov Treiman
15 minute read
August 11, 2010 | New York Law Journal
New Power of Attorney Law Corrects Some Flaws, Not AllAdam Leitman Bailey, founding partner of Adam Leitman Bailey, PC, and Dov Treiman, a partner at the firm, write that while the 2009 version of the power of attorney statute was full of traps for those who had no idea what they were reading, at least the 2010 version has people signing on to what they probably do want to have happen.
By Adam Leitman Bailey and Dov Treiman
10 minute read
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