Dov Treiman

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

April 14, 2010 | New York Law Journal

Adam Leitman Bailey, founding partner of Adam Leitman Bailey, P.C., and Dov Treiman, a partner at the firm, write: Currently before the State Legislature are two bills that would inject the state in the business of title insurance, damaging New York's standing as the capital of real estate transactions. One would broaden the power of the State Insurance Fund to provide a State alternative to the current private system of title insurance. The other would create a new state title authority for the same purpose. Many real estate attorneys see these bills as a threat, both to the heart of the safe transfer of real estate and to the capitalist system itself.

By Adam Leitman Bailey and Dov Treiman

12 minute read

November 12, 2008 | New York Law Journal

Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, P.C., write: The question now most often asked both in the judicial decisions and in the corridors of the courthouses has become, "Although it cannot be denied that Article 78 assumes substantial judicial deference to administrative agencies, just how much deference to agency decisions is due?" While it is clear that the judicial function is not limited to being a rubber stamp for the agencies, such a large percentage of agency decisions are affirmed in the landlord-tenant context, that one is left to wonder just how egregiously wrong an agency must be before a court will step in to overturn it.

By Adam Leitman Bailey and Dov Treiman

13 minute read

December 08, 2010 | New York Law Journal

Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, P.C., write that in the closing days of 2009, the governor signed into law changes to the procedures in foreclosing on defaulted-upon cooperative apartments. Clearly, the intent of the legislature was to give more time for homeowners to rally the funds necessary to avoid losing their homes, but the effect was to destabilize title.

By Adam Leitman Bailey and Dov Treiman

11 minute read

August 10, 2011 | New York Law Journal

Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey, PC, write that New York is caught between the Scylla of further economic collapse by making the foreclosure procedure so difficult for banks that they refuse to issue residential mortgages at all and the Charybdis of wholesale ejectment of homeowners from houses they should not have purchased. Not the cause of the problem, but at the heart of its mechanics, is the national Mortgage Electronic Registration Systems.

By Adam Leitman Bailey and Dov Treiman

12 minute read

July 02, 2007 | New York Law Journal

Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey PC, write that when it comes to subletting, relatives are in an entirely different category than other persons. Relatives stand at the boundary line between family members who occupy the premises as an incident of the family relationship and strangers who bought into the right or privilege to occupy the premises. The difference is crucial.

By Adam Leitman Bailey and Dov Treiman

10 minute read

March 14, 2007 | New York Law Journal

Adam Leitman Bailey, a partner in the law firm of Adam Leitman Bailey, and Dov Treiman, an associate at the firm, write that "economic infeasability," in which a landlord claims that the cost of correcting cited code violations is likely to exceed any revenue that can be obtained after making the required repairs, is a difficult defense to establish. However, in many cases, it is the only available defense.

By Adam Leitman Bailey and Dov Treiman

12 minute read

October 01, 2008 | New York Law Journal

Adam Leitman Bailey and Dov Treiman, partners at Adam Leitman Bailey P.C., write that current form leases do not take into account the developments in the law that have arisen since they were composed - some more than 20 years ago. Of course, the law is always in a state of development, and any form lease devised today can find some of its provisions made questionable by a decision that can come down tomorrow. But so many decisions have come down since the composition of the currently commercially available rent-stabilization leases that they have become dinosaurs, deserving of being relegated to a museum.

By Adam Leitman Bailey and Dov Treiman

19 minute read