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May 10, 2006 |

Right of First Refusal

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.
14 minute read
Roco LLC v. Mackey, 70756/07
Publication Date: 2008-12-16
Practice Area: Landlord/Tenant Law
Industry:
Court: Civil Court, New York County
Judge: Gary Marton
Attorneys:
For plaintiff:
For defendant:
Case number:

Judge Gary F. Marton NEW YORK COUNTY Civil Court Petitioner's counsel: Nicholas E. Brusco Respondent's counsel: Adam Leitman Bailey, P.C. Judge Ma

Yang v Chin
Publication Date: 2007-07-05
Practice Area:
Industry:
Court: Appellate Division, 1st Dept
Judge:
Attorneys:
For plaintiff:
For defendant:
Case number: 525

525 Index 108026/05 Ying-Qi Yang, Plaintiff-Respondent, v Shew-Foo Chin, Defendant-Appellant. _________________________ Adam Leitman Bailey, P.C., Ne

Another Slice, Inc., v. 3620 Broadway Investors LLC,
Publication Date: 2011-12-21
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Saxe, J.P., Catterson, Moskowitz, Acosta, Renwick, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 105780/10

Novick, Edelstein, Lubell, Reisman, Wasserman & Leventhal, P.C., Yonkers (Lawrence Schiro of counsel), for appellant.Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for

August 30, 2006 |

Tenant Protection

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.
16 minute read
January 31, 2007 |

Growing Fraud

Adam Leitman Bailey, a partner at Adam Leitman Bailey, P.C., and Carly Greenberg, an associate at the firm, write that lenders incurred more than $1 billion in mortgage losses in 2005 as a result of fraud. During this same time period, the title industry reported $916.4 million dollars in paid title claims, more than a fourfold increase from $120 million in claims paid for in 1981.
13 minute read
Randall I. Stempler, v. Hedy Sloane Stempler, etc.
Publication Date: 2011-10-31
Practice Area:
Industry:
Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
Judge: Andrias, J.P., Sweeny, Moskowitz, Richter, Romn, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 100939/09

Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for appellants.Gregory Danenberg, New York, for respondent. Appeal from order, Supreme Court, New York County (

February 20, 2013 |

Getting a Brokerage Commission Paid

In their Commercial Real Estate column, Adam Leitman Bailey, founding partner of Adam Leitman Bailey, and Jeffrey R. Metz of the firm write that while each particular controversy will turn on its specific facts, there are certain basis principles and strategies that can be gleaned from a review of the case law that can help brokers protect their rights to a commission.
11 minute read
September 12, 2007 |

Adverse Possession

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.
12 minute read
Valley National Bank, Plaintiff v. Soho Properties Inc. and Sharif El Gamal, Defendants, 113186/10
Publication Date: 2012-03-09
Practice Area:
Industry:
Court: Supreme Court, New York County, IAS Part 23
Judge: Justice Richard F. Braun
Attorneys:
For plaintiff: Plaintiff's attorneys: by Jocelyn E. Lupetin, Esq., Cullen and Dykman LLP, Garden City, NY.
For defendant: Defendant's attorneys: by Adam Leitman Bailey, Esq., Adam Leitman Bailey, P.C., New York, NY.
Case number: 113186/10

Cite as: Valley National Bank v. Soho Properties Inc., 113186/10, NYLJ 1202544728309, at *1 (Sup., NY, Decided February 15, 2012)Justice Richard F. B

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