Adam Leitman Bailey

April 09, 2014 | New York Law Journal

In their Mortgage Transactions column, Adam Leitman Bailey and Dov Treiman of Adam Leitman Bailey, P.C., discuss how the case 'Miller-Francis v. Smith-Jackson' has upset the stability of real estate transactions, specifically the enforceability of mortgages.

By Adam Leitman Bailey and Dov Treiman

12 minute read

October 10, 2012 | New York Law Journal

In their Co-Ops and Condominiums column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio, a partner at the firm, analyze a recent decision where the First Department held that the business judgment rule does not protect individual condo and co-op board members from personal tort liability where a board acting in its corporate capacity has acted in bad faith, but where it is not alleged that defendant board members have committed a tort independent of the tort committed by the board itself.

By Adam Leitman Bailey and John M. Desiderio

13 minute read

January 30, 2013 | New York Law Journal

In their Cooperative and Condominium Law column, Adam Leitman Bailey and John M. Desiderio of Adam Leitman Bailey, P.C. write that although there are at present very few reported cases on secondhand smoke infiltration, given the amount of inferior new construction and renovations that has occurred over the past decade, it is likely there will be a significant increase of litigation over smoke issues in the near future.

By Adam Leitman Bailey and John M. Desiderio

14 minute read

July 31, 2013 | New York Law Journal

In their Government Agencies column, Adam Leitman Bailey and Dov Treiman of Adam Leitman Bailey PC review the mission of the Environmental Control Board and give an analysis of the relevant governing laws, and the recent cases calling for the ECB to follow the same methods of service of process as ordinary judicial proceedings.

By Adam Leitman Bailey and Dov Treiman

12 minute read

June 12, 2013 | New York Law Journal

In their Real Estate Contracts column, Adam Leitman Bailey, founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio of the firm question the basis for a recent Court of Appeals ruling and show that the concurring opinion, which disagreed with the majority's rationale, set forth what would have been a better rule of damages in buyer default cases.

By Adam Leitman Bailey and John M. Desiderio

12 minute read

February 20, 2013 | New York Law Journal

In their Commercial Real Estate column, Adam Leitman Bailey, founding partner of Adam Leitman Bailey, and Jeffrey R. Metz of the firm write that while each particular controversy will turn on its specific facts, there are certain basis principles and strategies that can be gleaned from a review of the case law that can help brokers protect their rights to a commission.

By Adam Leitman Bailey and Jeffrey R. Metz

12 minute read

August 08, 2012 | New York Law Journal

In their Mortgage Litigation column, Adam Leitman Bailey and Jackie Halpern Weinstein of Adam Leitman Bailey, P.C. write: Many foreclosure actions are sitting stagnant for months, or even years, as a result of not only a reticent judiciary, but also the lenders' sloppy recordkeeping evidencing their standing to foreclose on a secured property. Practitioners must learn how to prove a lender's standing despite a lost note when possible, so that the foreclosures can be litigated on the merits, and the economy can start to fully rebound from the painful effects of the housing crisis.

By Adam Leitman Bailey and Jackie Halpern Weinstein

10 minute read

December 14, 2011 | New York Law Journal

In their Title Litigation column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, Dov Treiman, a partner at the firm, and Jackie Halpern Weinstein, an associate at the firm, examine a decision where the court endeavored to find some boundaries as to whom in the whole world can complain if the recording clerk records an instrument erroneously.

By Adam Leitman Bailey, Dov Treiman and Jackie Halpern Weinstein

10 minute read

December 12, 2012 | New York Law Journal

Adam Leitman Bailey and Dov Treiman of Adam Leitman Bailey PC write: The appellate division decisions this year showed strict application of the laws and notable lack of sympathy for borrowers evidenced by recent years' legislative enactments, issuing decisions that were decidedly pro-lender.

By Adam Leitman Bailey and Dov Treiman

12 minute read

October 09, 2013 | New York Law Journal

In their Insurance Litigation column, Adam Leitman Bailey and Dov Treiman of Adam Leitman Bailey, P.C, review several Sandy-related real estate cases on commercial leasing, insurance coverage and other related issues, providing useful instruction for the kinds of actions a landowner must take to prepare for the next natural or civil disaster to afflict New York City.

By Adam Leitman Bailey and Dov Treiman

12 minute read