John M Desiderio

August 13, 2024 | New York Law Journal

Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008.

By Adam Leitman Bailey and John M. Desiderio

14 minute read

June 11, 2024 | New York Law Journal

This article covers developments regarding important questions New York courts have been asked to address, respecting three significant legal issues, affecting the rights and obligations of builder-vendors vis à vis purchaser-vendees of "new home" condominium and co-op residential construction.

By Adam Leitman Bailey and John M. Desiderio

20 minute read

April 09, 2024 | New York Law Journal

Adam Leitman Bailey and John Desiderio examine the background leading to the FAPA legislative amendments and how they have been construed, in recent Appellate Division decisions, where courts have been required to determine their application.

By Adam Leitman Bailey and John M. Desiderio

19 minute read

December 12, 2023 | New York Law Journal

In cases where building management and the unit owner disagree on who bears responsibility for making the repairs and/or who bears the repair costs, the attorney's role, whether in representing the cooperative or condominium board on the one side or the opposing apartment shareholder or condominium residential or commercial unit owner on the other, is to focus on the several important tasks, discussed here.

By Adam Leitman Bailey and John M. Desiderio

12 minute read

August 15, 2023 | New York Law Journal

"Racing to find and attach and garnish a judgment debtor's assets before they literally disappear is an old sport played, most recently, at a higher level due to the stressful economic real estate times." This article discusses some of the authors' "war wounds and successes" with the issue, highlighting the most relevant case law and statutes.

By Adam Leitman Bailey and John M. Desiderio

19 minute read

June 20, 2023 | New York Law Journal

The right to access another's property codified in RPAPL §881, once described, as recently as 2002, as a "little-used law" is now used for lawsuits that arise on a frequent basis, amidst the constantly evolving New York City building scene, when a property owner or developer requires access to an adjoining property to facilitate completion of either a new or renovation construction project.

By Adam Leitman Bailey, John M. Desiderio, and Joanna C. Peck

11 minute read

April 18, 2023 | New York Law Journal

Adam Leitman Bailey and John Desiderio explain several common disputes that arise over party walls.

By Adam Leitman Bailey and John M. Desiderio

11 minute read

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