John M Desiderio

May 10, 2006 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners at Adam Leitman Bailey, P.C., write that because the courts will enforce whatever reasonable terms the parties themselves agree to include in a right-of-first-refusal clause, practitioners who draft a proper right of first refusal will be much less prone to trigger unexpected litigation disputes over the meaning of their agreements.

By Adam Leitman Bailey and John M. Desiderio

15 minute read

May 01, 2008 | New York Law Journal

Adam Leitman Bailey, founding partner of Adam Leitman Bailey PC, and John M. Desiderio, a partner at the firm, write that in a sweeping opinion, the First Department has completely overhauled, if not expressly overruled, a line of its own decisions that appeared to effectively bar any private suit against condo and co-op sponsors who make fraudulent representations in offering plans for newly constructed or converted condominiums and cooperative apartments.

By Adam Leitman Bailey and John M. Desiderio

9 minute read

January 11, 2006 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners in The Law Firm of Adam Leitman Bailey, write that even the most frequently used "standard form" leases permit tenants to stall and strangle property owners. As the enforcement mechanism in a commercial lease, default clauses must be revised to prevent untimely or nonpayment of rent and other monies owed under the lease.

By Adam Leitman Bailey and John M. Desiderio

15 minute read

May 09, 2007 | New York Law Journal

Adam Leitman Bailey and John M. Desiderio, partners in the firm of Adam Leitman Bailey, write that while it could be argued that the Court of Appeals' recent decision in ADC Orange, Inc. v. Coyote Acres, Inc. merely restates existing law concerning "time of the essence" and does not break any new ground, a close analysis of the opinion suggests that it does provide some needed clarification on "time of the essence" issues about which practitioners are often uncertain.

By Adam Leitman Bailey and John M. Desiderio

13 minute read