February 16, 2021 | New York Law Journal
An Unsettling Decision for Liquidated Damages in Settlement AgreementsAdam 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
December 15, 2020 | New York Law Journal
Self-Help Eviction in 2020/2021Fifteen years after their article, "Self Help Evictions: The Neglected Commercial Remedy," Adam Leitman Bailey and John Desiderio address and update the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
By Adam Leitman Bailey and John M. Desiderio
11 minute read
August 18, 2020 | New York Law Journal
Reviewing New York's Commercial Lease Defenses to Paying RentFew landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Adam Leitman Baily and Dov Treiman discuss the three traditional theories under which commercial tenants can seek forgiveness of their rent.
By Adam Leitman Bailey and Dov Treiman
14 minute read
June 09, 2020 | New York Law Journal
Residential Building Laws of the COVID-19 PandemicAdam Leitman Bailey and John Desiderio look at the short and long-term legal implications and issues affecting residential living during COVID-19 pandemic.
By Adam Leitman Bailey and John M. Desiderio
23 minute read
April 07, 2020 | New York Law Journal
Third-Party Tenant Harassment Poses Dilemma For LandlordsNew York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord "has the authority, ability, and opportunity to control the actions of the assailant." However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Manor, discussed here by Adam Leitman Bailey and John Desiderio.
By Adam Leitman Bailey and John Desiderio
12 minute read
February 18, 2020 | New York Law Journal
Improving Rental Buildings' Profitability Through DemolitionAdam Leitman Bailey and Dov Treiman discuss demolition proceedings before the DHCR.
By Adam Leitman Bailey and Dov Treiman
12 minute read
October 08, 2019 | New York Law Journal
Deregulation Under the New Rent LawsAdam Leitman Bailey and Dov Treiman discuss the "Housing Stability and Tenant Protection Act of 2019," signed into law by the governor on June 14, which sent New York landlords "reeling."
By Adam Leitman Bailey and Dov Treiman
13 minute read
February 19, 2019 | New York Law Journal
Court of Appeals to Decide Two Cases With Major Landlord-Tenant ImplicationsAdam Leitman Bailey and Dov Treiman discuss “Collazo v. Netherland Property Assets” and "Maddicks v. Big City Properties" — two cases which outcomes may signal "potentially enormous changes in how practitioners will practice landlord-tenant law."
By Adam Leitman Bailey and Dov Treiman
13 minute read
January 29, 2019 | New York Law Journal
The New Rules of Seeking a Buyout of a Rent-Regulated TenantIn their Rent Regulation column, Adam Leitman Bailey and Dov Treiman discuss how recent changes to the New York City Administrative Code along with a recent decision in the Appellate Term, First Department, have made landowners who seek to buy out the rights of tenants in occupancy face a minefield of requirements and restrictions.
By Adam Leitman Bailey and Dov Treiman
14 minute read
December 11, 2018 | New York Law Journal
New Rules of Substantial Rehabilitation to Remove Units from Rent RegulationIn their Real Estate Trends column, Adam Leitman Bailey and Dov Treiman discuss a pair of new decisions from the Appellate Term, First Department which have toughened the standards under which a landlord may claim a substantial rehabilitation exemption from rent stabilization, the effect of which may be to bring back into stabilization many buildings whose owners believed in good faith that their buildings were not regulated.
By Adam Leitman Bailey and Dov Treiman
12 minute read
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