John M Desiderio

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

October 13, 2010 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio of Adam Leitman Bailey, P.C., write that a review of adverse possession decisions issued after the enactment of the 2008 RPAPL amendments shows that during this period of transition, the courts must be alert to recognize situations where adverse possession property rights were acquired prior to enactment of the amendments, even in cases where the parties to the action may have failed to address the issue.

By Adam Leitman Bailey and John M. Desiderio

15 minute read

August 30, 2006 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners in Adam Leitman Bailey, P.C., write that during the last five years, the pendulum of commercial leasing has begun to swing. Past judicial activism by judges protecting tenants' rights has now evolved into a consistent enforcement of negotiated lease provisions. Therefore, no matter how market conditions are affecting negotiating leverage, it is imperative that tenants try for better leases to protect their interests.

By Adam Leitman Bailey and John M. Desiderio

18 minute read

September 12, 2007 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners in Adam Leitman Bailey, P.C., write that although the Court of Appeals has made it clear that an adverse possessor may acquire title to land both without having any prior claim and knowing that he has no right to it, the First Department has apparently remained steadfast in its holding that acquisition of title by adverse possession must rest on some claim to ownership that the adverse possessor possesses at the time of entry.

By Adam Leitman Bailey and John M. Desiderio

13 minute read

February 11, 2009 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners at Adam Leitman Bailey, P.C., write: Since 1998, of the 105 New York state cases dealing with adverse possession, 29 involved allegations by the property owners that the adverse possessors were aware they did not own the property. Nevertheless, none of these cases, including Walling, involved what could truly be considered a "stealth" takeover when the law of adverse possession required, as a precondition to divesting an owner's title, that the adverse possession be "open and notorious" and "continuous" for a 10-year period. One must ask what great harm had adverse possession law, as enunciated by Walling, done to the citizens of the state?

By Adam Leitman Bailey and John M. Desiderio

13 minute read

August 10, 2005 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners in The Law Firm of Adam Leitman Bailey, write that wWhere the right to do so is expressly reserved in a commercial lease, a landlord may reenter the leased premises peaceably, without resort to court process, upon termination of the lease or upon the commercial tenant's defaulting on payment of rent or other lease terms. Yet, landlords are reluctant to do so.

By Adam Leitman Bailey and John M. Desiderio

12 minute read

May 03, 2010 | New York Law Journal

Adam Leitman Bailey, the founding partner of Adam Leitman Bailey, P.C., and John M. Desiderio, a partner at the firm, write that, in the current econmomic climate, many developers have been willing to negotiate contract price reductions.

By Adam Leitman Bailey and John M. Desiderio

15 minute read

April 13, 2005 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners in The Law Firm of Adam Leitman Bailey, write that commercial landlords need relief. They are, and have been increasingly, frustrated by the procedural and substantive moves that determine (more often than not) the scope and duration of an eviction action in landlord-tenant litigation.

By Adam Leitman Bailey and John M. Desiderio

13 minute read

March 08, 2006 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners in Adam Leitman Bailey, P.C., address recurring issues that arise again and again when either buyers or sellers default on their contractual obligation to complete the transaction. They also note some frequent misconceptions involving buyers' and sellers' legal rights.

By Adam Leitman Bailey and John M. Desiderio

17 minute read