Adam Leitman Bailey

December 13, 2022 | New York Law Journal

In 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

Adam 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

"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

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

No 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

Adam 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

Adam 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

Adam 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

Even 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

February 16, 2021 | New York Law Journal

Adam Leitman Bailey and Dov Treiman discuss the Court of Appeals decision "Trustees of Columbia v. D'Agostino," where the court handed down a 4-3 decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. The case, they contend, "rewrites the rules of when a tenant simply gives up on the space."

By Adam Leitman Bailey and Dov Treiman

12 minute read