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June 29, 2017 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Lorne v. 50 Madison Avenue Condominium,” where the court held that a condo board was not responsible for repairs to structural defects in the plaintiff's unit.
20 minute read
May 23, 2017 |

Promotion of Acosta, 9 Other Justices Wins Praise From Litigators, Judges

A day after being named presiding justice of the Appellate Division, First Department, Rolando Acosta said he was honored to have the chance to "implement changes that will be impacting" the court.
11 minute read
50 GRAMERCY PARK NORTH OWNERS CORP., plf-ap, v. GPH PARTNERS LLC (SPONSOR) def-res
Publication Date: 2017-04-26
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Friedman, J.P., Richter, Feinman, Gische, Gesmer, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 3815

3815. 50 GRAMERCY PARK NORTH OWNERS CORP., plf-ap, v. GPH PARTNERS LLC (SPONSOR) def-res & [AND A THIRD-PARTY ACTION] Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for ap

April 11, 2017 |

A Practitioner's Guide to Understanding Interest

In their Mortgage Litigation column, Adam Leitman Bailey and Dov Treiman write: While on its surface, the concept of "interest" appears to be a simple matter of calculating a percentage of what someone owes, the legal development of interest in New York law shows far greater complexity beneath the surface and far greater importance in understanding the amount of money that can be charged and collected.
27 minute read
February 07, 2017 |

Acceleration Clauses in Foreclosure Actions: New Rules

In their Foreclosure Law column, Adam Leitman Bailey and Adam M. Swanson review recent case law and discuss some of the benefits and pitfalls when using an acceleration clause and how to overcome these obstacles.
27 minute read
STILLWELL CAF, INC. plfap, v. 1680 EASTCHESTER REALTY CORP., def-res
Publication Date: 2017-01-03
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Mazzarelli, J.P., Sweeny, Richter, Manzanet-Daniels, Feinman, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 2587N

2587N. STILLWELL CAF, INC. plfap, v. 1680 EASTCHESTER REALTY CORP., def-res Trivella & Forte, LLP, White Plains (Arthur J. Muller III of counsel), for ap Adam Leitman Bailey, P.C., Ne

December 20, 2016 |

Court Clarifies Condo Owners' Right to Inspect

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.
13 minute read
December 02, 2016 |

Judge Allows Insurer for Manager, Security Company to Settle Claims in Mall Carjacking Where Lawyer Died

The insurance carrier representing the general manager and security company of The Mall at Short Hills can satisfy its obligations under their policies for $2 million, a Superior Court judge has ruled, in wrongful death lawsuit for the murder of lawyer Dustin Friedland in 2013.
8 minute read
October 31, 2016 |

The Horror! Young Lawyers Balk at Upper East Side Living

They're flocking to other Manhattan neighborhoods and, yes, Brooklyn in search of broader culture and diversity.
12 minute read
October 11, 2016 |

Post-Lease Expiration Nonpayment Proceedings

In their Housing Litigation Column, Adam Leitman Bailey and Dov Treiman write: As a general rule of thumb, when there is a definitive appellate pronouncement on a principle of law in one judicial department and the other departments are silent, the other departments will follow the departments who have spoken to the issue. However, this has not been happening in the lower courts of the First Department who continue to adhere to a position contradicted by authority controlling in the Second and Third Departments: that summary nonpayment proceedings do lie after the expiration of a lease.
23 minute read

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