February 14, 2023 | New York Law Journal
A Lender's Guide To Hiking Through the Retroactive Trails of the Foreclosure Abuse Prevention ActThis article highlights the main statutory amendments of FAPA—that took effect immediately and retroactively—and endeavors to guide lenders on adjusting its practices and procedures as needed to rightfully pursue their rights and remedies to collect on the money that was borrowed.
By Adam Leitman Bailey, Jackie Halpern Weinstein and Danny Ramrattan
10 minute read
December 13, 2022 | New York Law Journal
Important Non-COVID Commercial Lease Decisions Since the Beginning of the PandemicIn this month's column, Adam Bailey and John Desiderio discuss important commercial leasing decisions unrelated to the pandemic.
By Adam Leitman Bailey and John M. Desiderio
14 minute read
August 16, 2022 | New York Law Journal
Rules on Partitioning Ownership Property RightsAdam Leitman Bailey and John Desiderio discuss the rules regarding how parties may partition their common ownership property rights.
By Adam Leitman Bailey and John M. Desiderio
14 minute read
June 28, 2022 | New York Law Journal
Whether Co-op Boards Can Reject a Sale Because the Purchase Price Is 'Too Low'"Courts have mostly rejected anti-free market tactics of the board of directors but other cases have given boards discretion to allow such rejections." Adam Leitman Bailey and John Desiderio discuss these cases and offer that "New York needs the Appellate Division to settle this quarrel."
By Adam Leitman Bailey and John M. Desiderio
12 minute read
April 19, 2022 | New York Law Journal
When Is Part Performance 'Part Performance in Real Estate Cases'?Adam Leitman Bailey and John Desiderio discuss the issue of "part performance," the doctrine of which can overcome the Statute of Frauds in circumstances when parties enter into unwritten deals and don't contemplate all the possible circumstances that might arise in the course of their dealings.
By Adam Leitman Bailey and John M. Desiderio
15 minute read
February 15, 2022 | New York Law Journal
Developments in Loft Law Case Law and LegislationNo field of law has seen a greater slowing in development than Loft Law landlord-tenant rights. However, that does not change the fact that there have been such developments, both legislatively and in the common law.
By Adam Leitman Bailey and Dov Treiman
14 minute read
December 07, 2021 | New York Law Journal
The 'Irreparable Harm' Conundrum in Obtaining a Preliminary InjunctionAdam Leitman Bailey and John M. Desiderio discuss the factors that should be looked for and considered to support a finding of the requisite injury needed for a preliminary injunction.
By Adam Leitman Bailey and John M. Desiderio
17 minute read
August 17, 2021 | New York Law Journal
The Evolving Burden of Proof for Foreclosure JudgmentsAdam Leitman Bailey and Jackie Halpern Weinstein highlight the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy to successfully foreclose on a defaulted loan.
By Adam Leitman Bailey and Jackie Halpern Weinstein
10 minute read
June 29, 2021 | New York Law Journal
Co-op and Condo Owners' Right To Inspect: An UpdateAdam Leitman Bailey and John Desiderio revisit their 2016 article"Court Clarifies Condo Owners' Right to Inspect," giving a broader overview—in light of the pandemic—of the development of the right of shareholders and condominium owners to inspect the corporate records of their respective governing entities.
By Adam Leitman Bailey and John M. Desiderio
16 minute read
April 20, 2021 | New York Law Journal
Title Insurance: Determining an Insured's Loss and Calculating the DamagesEven the most prudent lay person or attorney in private practice cannot inspect and discover each and every title defect that might affect the property. In order to protect against the risk of defects in ownership, title insurance is purchased, which is the most misunderstood, yet most valuable, forms of insurance in America.
By Adam Leitman Bailey and Josh Filsoof
14 minute read
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