Adam Leitman Bailey

June 13, 2012 | New York Law Journal

In their Real Estate Trends column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio, a partner at the firm, write that questions of Martin Act preemption are still raised in cases involving architect and engineer certifications that the attorney general's regulations require to be included in offering plans filed by developers of condominium and cooperative apartments in newly built or renovated buildings

By Adam Leitman Bailey and John M. Desiderio

12 minute read

October 12, 2011 | New York Law Journal

In their Title Litigation column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio of the firm, write that it is clear that, so long as actions are commenced alleging the acquisition of title based on the vesting of adverse possession rights that occurred prior to July 8, 2008, the 2008 RPAPL amendments will not apply to any such action that is commenced after that date.

By Adam Leitman Bailey and John M. Desiderio

11 minute read

February 08, 2012 | New York Law Journal

In their Title Litigation column, Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, and John M. Desiderio, a partner at the firm, write that the plain text of the Martin Act, while granting the Attorney General investigatory and enforcement powers and prescribing various penalties, does not expressly mention or otherwise contemplate the elimination of common-law claims.

By Adam Leitman Bailey and John M. Desiderio

14 minute read

April 10, 2013 | New York Law Journal

In his Cooperatives and Condominiums column, Adam Leitman Bailey, founding partner of Adam Leitman Bailey, P.C., writes that since the Legislature gave birth to the first cooperative and condominium laws, very few issues have had as much attention and confusion as boards' concerns about the extent of unit owners' access to inspect the management books and records.

By Adam Leitman Bailey

12 minute read

August 14, 2013 | New York Law Journal

Adam Leitman Bailey and Dov Treiman of Adam Leitman Baily, P.C., advise that when fighting a project in City Hall, counsel needs to not only know the law, but to be prepared with facts, figures, scientific and historical studies, a well chosen plaintiff and above all, a well chosen battleground.

By Adam Leitman Bailey and Dov Treiman

12 minute read

April 11, 2012 | New York Law Journal

In their Title Litigation column, Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, P.C., review some of the most important foreclosure cases decided in this new era of mortgage and foreclosure litigation, writing that as a general rule, the courts continue to show far greater restraint against enforcing lenders' claims, but when lender's counsel prepares the papers meticulously in accordance with the new laws, properties do go to judgment and sale.

By Adam Leitman Bailey and Dov Treiman

13 minute read

July 21, 2008 | New York Law Journal

Adam Leitman Bailey and Dov Treiman, both members of Adam Leitman Bailey, write that ever since its initial passage in 1969, the entire concept of rent stabilization has been fraught with controversy. While public policy experts continue to debate the wisdom of the existence of the entire system, they say, legal experts are left to puzzle out when and where it does and does not apply.

By Adam Leitman Bailey and Dov Treiman

11 minute read

December 13, 2006 | New York Law Journal

Adam Leitman Bailey, a partner at Adam Leitman Bailey P.C., and Dov Treiman, senior counsel with the firm, write that there continues to be a good deal of confusion and controversy about what kinds of things the Civil Court can and cannot hear. Often litigants and sometimes even courts will mistake a call for the Civil Court to make a particular determination on the way to resolving a summary proceeding with an action for declaratory judgment, forbidden to the Civil Court.

By Adam Leitman Bailey and Dov Treiman

12 minute read

June 08, 2011 | New York Law Journal

Adam Leitman Bailey and Dov Treiman of Adam Leitman Bailey, PC write: In May 2011, the Second Department came down with only the second appellate decision to construe the collection of procedures in mortgage foreclosure under the Home Equity Theft Prevention Act reversing trial term but adhering to the larger trend to construe the procedures strictly against allowing the foreclosure to proceed. While such construction is intended to maximize consumer protections, it also presents additional hazards to the title industry unless it takes appropriate precautions.

By Adam Leitman Bailey and Dov Treiman

12 minute read

October 14, 2009 | New York Law Journal

Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, P.C., write: As of Sept. 1, New York has abolished its old easy single-sheet statutory power of attorney form and replaced it with a tremendously complicated new law describing a highly complex new document with a misleadingly named optional rider. The 1948 original form and its successors were designed to be general-purpose forms consumers with nothing but access to a stationery store and a notary could use with ease. The new form, designed specifically for estate planning, is so complicated that those who use it without attorney guidance do so at their peril and few attorneys will fully understand the pitfalls the new form presents.

By Adam Leitman Bailey and Dov Treiman

17 minute read