May 01, 2008 | New York Law Journal
'Standing' to Sue Sham Condo, Co-op Sponsors ChangedAdam Leitman Bailey, founding partner of Adam Leitman Bailey PC, and John M. Desiderio, a partner at the firm, write that in a sweeping opinion, the First Department has completely overhauled, if not expressly overruled, a line of its own decisions that appeared to effectively bar any private suit against condo and co-op sponsors who make fraudulent representations in offering plans for newly constructed or converted condominiums and cooperative apartments.
By Adam Leitman Bailey and John M. Desiderio
9 minute read
April 25, 2007 | New York Law Journal
The Limits of 'Landaverde'Adam Leitman Bailey, a partner in the law firm of Adam Leitman Bailey, and Dov Treiman, of counsel to the firm, write that with the passage of two and half years, there is still no agreement on a conceptual framework for defining Landaverde's limits, although we are beginning to see as through a mirror, darkly, the outlines of some borders.
By Adam Leitman Bailey and Dov Treiman
11 minute read
February 10, 2010 | New York Law Journal
Split Between Departments Muddies Subrogation DoctrineAdam Leitman Bailey and Dov Treiman, partners of Adam Leitman Bailey, P.C., write: In an era when this nation's economic stability depends, in part, on stable and unfettered real estate transfers, equitable subrogation provides a solution to some of the cracks in the system. However, as evidenced by a split between two departments of the Appellate Division, these cracks need some additional caulking to make sure that the right lien obtains priority.
By Adam Leitman Bailey and Dov Treiman
12 minute read
January 11, 2006 | New York Law Journal
Default ClausesAdam Leitman Bailey and John M. Desiderio, partners in The Law Firm of Adam Leitman Bailey, write that even the most frequently used "standard form" leases permit tenants to stall and strangle property owners. As the enforcement mechanism in a commercial lease, default clauses must be revised to prevent untimely or nonpayment of rent and other monies owed under the lease.
By Adam Leitman Bailey and John M. Desiderio
15 minute read
February 09, 2011 | New York Law Journal
The World of Title Insurance in 2010Adam Leitman Bailey and Dov Treiman of Adam Leitman Bailey, PC, write: Across the full panoply of events that can happen during the course of a year in any field of law - legislation, case law, court rules - everything that can destabilize titles in this state has happened during 2010.
By Adam Leitman Bailey and Dov Treiman
11 minute read
May 09, 2007 | New York Law Journal
Defining When 'Time Is of the Essence'Adam Leitman Bailey and John M. Desiderio, partners in the firm of Adam Leitman Bailey, write that while it could be argued that the Court of Appeals' recent decision in ADC Orange, Inc. v. Coyote Acres, Inc. merely restates existing law concerning "time of the essence" and does not break any new ground, a close analysis of the opinion suggests that it does provide some needed clarification on "time of the essence" issues about which practitioners are often uncertain.
By Adam Leitman Bailey and John M. Desiderio
13 minute read
November 10, 2004 | New York Law Journal
New Home WarrantyAdam Leitman Bailey and John Desiderio, partners in the Law Firm of Adam Leitman Bailey, write that how this "open question" is answered ultimately is a matter of great importance for consumers who pay big bucks for high-rise cooperative and condominium apartments where construction defects often turn the dream of promised luxury living into a living nightmare reality.
By Adam Leitman Bailey and John Desiderio
12 minute read
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