John M Desiderio

December 20, 2016 | New York Law Journal

In their Condominium Law column, Adam Leitman Bailey and John Desiderio discuss the recent First Department case 'Pomerance v. McGrath,' in which the court has clarified the rights of condominium owners to inspect management books and records.

By Adam Leitman Bailey and John M. Desiderio

14 minute read

April 13, 2016 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio provide an in-depth discussion of the applicable laws protecting persons with disabilities looking for a waiver to allow them to keep a service pet in an otherwise "no-pet" building.

By Adam Leitman Bailey and John M. Desiderio

16 minute read

June 10, 2015 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio discuss the sweeping changes made in 2008 by the NY Legislature to Article 5 of RPAPL and write: "The implementation of the 2008 amendments has changed adverse possession law to make it harder for someone with bad intentions to use the adverse possession statute to obtain rightful ownership to property they know belongs to another."

By Adam Leitman Bailey and John M. Desiderio

12 minute read

June 09, 2015 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio discuss the sweeping changes made in 2008 by the NY Legislature to Article 5 of RPAPL and write: "The implementation of the 2008 amendments has changed adverse possession law to make it harder for someone with bad intentions to use the adverse possession statute to obtain rightful ownership to property they know belongs to another."

By Adam Leitman Bailey and John M. Desiderio

12 minute read

August 13, 2014 | New York Law Journal

In their Licensing Law column, Adam Leitman Bailey and John M. Desiderio of Adam Leitman Bailey, P.C., write: In February of this year, in "Union Square Park Community Coalition, v. New York City Department of Parks and Recreation," the New York Court of Appeals appears to have redefined and narrowed the limits of what distinguishes a license from a lease by expanding the scope of what may be deemed a license.

By Adam Leitman Bailey and John M. Desiderio

9 minute read

June 11, 2014 | New York Law Journal

In their Co-ops and Condominiums column, Adam Leitman Bailey and John M. Desiderio of Adam Leitman Bailey, P.C. discuss several recent cases that show how New York courts give deference to the actions of co-op and condo boards wherever it is clear that the boards have acted within the scope of their authority and in good faith in the interests of their shareholders, unit owners, and their buildings.

By Adam Leitman Bailey and John M. Desiderio

13 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

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

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