Adam Leitman Bailey, P.C. Has Been at the Forefront of Some of the Most Monumental Real Estate Victories of the 21st Century
As one of New York’s premier real estate litigation firms, Adam Leitman Bailey, P.C. has participated and prevailed in many of the most important New York real estate cases of the new millennium, as reflected in numerous published and unpublished decisions on novel legal issues. The firm’s attorneys have won over a thousand cases in the courts of New York state, including State Supreme, Housing, Civil and Federal courts in addition to over 250 appellate court cases, many at New York’s highest court, the Court of Appeals.
Some of these notable victories include:
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Making New Law, Appellate Division Finds That Condo Board Not Liable for Repairing Newly Constructed Building and Finds That Obligation to Repair Remains with Sponsor; Adam Leitman Bailey, P.C. Victorious at Trial Level and Appeal
Making New Law, Appellate Division Finds That Condo Board Not Liable for Repairing Newly Constructed Building and Finds That Obligation to Repair Remains with Sponsor; Adam Leitman Bailey, P.C. Victorious at Trial Level and Appeal
On November 8, 2009, the Appellate Division ruled that a building’s developer and not a condominium board shall be responsible for making repairs to a newly constructed building. In Lorne v. 50 Madison Avenue LLC, a unit owner sued the board of directors for failing to remediate a construction defect. A unanimous Appellate Division dismissed the condominium board from the lawsuit while determining that the sponsor was the proper party for the lawsuit. It should be noted that this is...
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Adam Leitman Bailey, P.C. Prevails at the Appellate Division in Adverse Possession Case of First Impression
Adam Leitman Bailey, P.C. Prevails at the Appellate Division in Adverse Possession Case of First Impression
In a case of first impression in the Second Department involving the law of adverse possession, the Appellate Division has ruled that pursuant to the amendment to Real Property Actions and Proceedings Law §543, de minimus non-structural encroachments are, as a matter of law, deemed permissive and non-adverse and cannot support a claim for adverse possession. In Hartman v. Goldman, Adam Leitman Bailey, P.C. successfully represented the Goldman family before the Supreme Court and the Appellate Division. The plaintiffs, adjacent...
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Adam Leitman Bailey, P.C. Victorious in Case of First Impression Before Appellate Division Involving Ailing Relative Defense to Primary Residence Action
Adam Leitman Bailey, P.C. Victorious in Case of First Impression Before Appellate Division Involving Ailing Relative Defense to Primary Residence Action
By Noeleen G. Walder July 9th, 2009 Temporary Relocation to Aid Aging Parents Found No Basis for Eviction From Rent-Stabilized Unit A landlord cannot evict a mother who left her teenaged daughter behind in her rent-stabilized New York City apartment while she relocated to California to care for her ailing parents, a state appellate court has ruled. In 2002, after Charlene Lee had spent almost two years tending to the medical needs of her 80- year-old father and her...
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Adam Leitman Bailey, P.C.’s Victories Named 4 Out of 8 Biggest Cases of 2011
Adam Leitman Bailey, P.C.’s Victories Named 4 Out of 8 Biggest Cases of 2011
The Real Deal20 Pine buyers v. 20 Pine developers In March, nearly 70 homeowners at 20 Pine Street filed a $58.4 million suit claiming the Financial District condominium tower is rife with construction defects, blaming sponsor Africa Israel USA and seemingly every contractor, marketer and executive who ever worked on the building. The suit, which has never been reported on, is not the first time the 258-unit tower has been the subject of litigation. In 2009, two buyers sued the 20 Pine...
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Adam Leitman Bailey, P.C. Prevails Against Trump Soho on Fraud Claims; Settlement Provides Millions of Dollars to Clients
Adam Leitman Bailey, P.C. Prevails Against Trump Soho on Fraud Claims; Settlement Provides Millions of Dollars to Clients
The New York Post“They cried “fraud!” — and now, a bunch of well-heeled apartment hunters will get a staggering 90 percent of their deposits back on posh pads they intended to buy at the troubled Trump SoHo condo-hotel because they relied on the developers’ “deceptive” sales figures. In a federal lawsuit settled yesterday, woulda-been buyers of 10 condos — including former French soccer star Olivier Dacourt — will get back 90 percent of $3.16 million (Not part of settlement total number is $5.197)...
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Adam Leitman Bailey, P.C. Lands Largest Condominium Settlement in New York History
Adam Leitman Bailey, P.C. Lands Largest Condominium Settlement in New York History
Sky View Parc Condominum, Queens In what has been hailed as “the city’s largest condo refund ever” (Curbed NY) and “a settlement likely to send shivers through the ranks of the city’s condo developers” (the New York Post), clients of Adam Leitman Bailey, P.C., have recovered 75 percent of $5 million in down payments on $50 million worth of luxury apartments. The agreement, which has recouped $3.69 million plus interest for 118 buyers at the massive Sky View Parc complex...
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Adam Leitman Bailey, P.C. Prevails in Title Litigation Involving An Interpretation of the New York Recording Statute
Adam Leitman Bailey, P.C. Prevails in Title Litigation Involving An Interpretation of the New York Recording Statute
Rivas v. McDonnell Supreme Court of the State of New York; Appellate Division: Second Judicial Department My Story: The Importance of Title Insurance I got the panicked call at about 7 PM one evening from Earl, a friend and fellow real estate attorney. “Adam, I really, really screwed up, man,” he said, sounding out of breath. “I need help big time. I’m desperate.” Earl went on to explain that he represented a buyer named Pura Rivas who was purchasing a...
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Adam Leitman Bailey, P.C. Prevails at Trial in Invalidating Contract to Purchase Commercial Property
Adam Leitman Bailey, P.C. Prevails at Trial in Invalidating Contract to Purchase Commercial Property
Chan v. Chin, 106692/05 Decided: July 29, 2008 Justice Walter B. Tolub NEW YORK COUNTY Supreme Court Justice Tolub. Click here to see Judicial Profile Findings of Fact and Conclusions of Law This matter was tried before this court on April 30, 2008, May 1, 2008, May 5, 2008 and May 6, 2008. This constitutes the court’s findings of fact and conclusions of law. FINDINGS OF FACT Defendant Shew Foo Chin owns title to the premises known as 79 Eldridge...
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Land Use Litigation Victory: Using Victory in Court, Proposing Legislation, Conducting Rallies, and Mobilizing Political Support and Media Attention, Save Harlem Association Obtains Winning & Avoids Settlement
Land Use Litigation Victory: Using Victory in Court, Proposing Legislation, Conducting Rallies, and Mobilizing Political Support and Media Attention, Save Harlem Association Obtains Winning & Avoids Settlement
One of the largest real estate developers in the United States, Kimco Realty, sent termination and demolition notices to the business owners who worked in Harlem’s longest building. All of the commercial tenant’s leases either had expired or had demolition clauses allowing the developer to evict the commercial tenants. The building in question was one block west of the cultural epicenter of Harlem on world famous 125th Street, home of numerous institutions key to African American culture, notably the Apollo...
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Adam Leitman Bailey, P.C. Achieves Winning Settlement on Behalf of Co-op Sellers in Landmark Housing Discrimination Case
Adam Leitman Bailey, P.C. Achieves Winning Settlement on Behalf of Co-op Sellers in Landmark Housing Discrimination Case
In a case of first impression, Adam Leitman Bailey, P.C. successfully represented the sellers of a cooperative apartment in a housing discrimination suit against their former co-op arising from the co-op’s failure to consent to a proposed sale of the apartment to elderly purchasers. When the co-op failed to approve the sale, despite the purchasers’ ample financial qualifications, the plaintiffs incurred damages because they were forced to find a new purchaser after the financial crisis struck and market conditions deteriorated....
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Adam Leitman Bailey, P.C. Breaks New Legal Ground With Appellate Victory For Attorneys’ Fees On A Stipulation
Adam Leitman Bailey, P.C. Breaks New Legal Ground With Appellate Victory For Attorneys’ Fees On A Stipulation
Luxury penthouse apartment suffering from various deficiencies sued for damages Issue on appeal was whether attorneys awarded per contract to the prevailing party constituted one party surrendering the minute the first witness was called to the stand. The developer argued that since it provided unit owner 100 percent of the amounts owner would have possibly won after litigation before the trial started, the owner should not be able to collect attorney fees under a provision in the contract allowing the...
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Adam Leitman Bailey, P.C. Defeats Plaintiff’s Claim of Right of First Refusal, Defendants Can Enter Into the Contract With a Third Party
Adam Leitman Bailey, P.C. Defeats Plaintiff’s Claim of Right of First Refusal, Defendants Can Enter Into the Contract With a Third Party
8.3.2.3.V2 Million Gold Realty Co., Inc. v. S.E. & K. Corp. N.Y.A.D. 1 Dept.,2004. Supreme Court, Appellate Division, First Department, New York. MILLION GOLD REALTY CO., INC., Plaintiff-Appellant, v. S.E. & K. CORP., Defendant-Respondent. Action No. 1. Million Gold Realty Co., Inc., Plaintiff-Appellant, v. S.E. & K. Corp., et al., Defendants-Respondents. Action No. 2. Million Gold Realty Co., Inc., Plaintiff-Appellant, v. S.E. & K. Corp., et al., Defendants-Respondents. Action No. 3. Feb. 19, 2004. Background: Action was brought against landowners...
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Adam Leitman Bailey, P.C. Obtains Winning Settlement for Restaurant Struck by Crane on March 15th, 2008
Adam Leitman Bailey, P.C. Obtains Winning Settlement for Restaurant Struck by Crane on March 15th, 2008
A crane struck our restaurant. After seven months as the hottest restaurant in town, we were closed. Not only did our landlord tell us he was not going to fix our building, he also sent an eviction notice ending our lease. He said that since the crane accident demolished most of the building and caused casualties, he did not have to rebuild. We knew we needed a strong and influential law firm and we needed one quickly. We interviewed many...
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Adam Leitman Bailey, P.C. Obtains Landmark Decision Denying Developer of a License in Order to Preserve the Safety and Interests of Adjacent Condominium Owners
Adam Leitman Bailey, P.C. Obtains Landmark Decision Denying Developer of a License in Order to Preserve the Safety and Interests of Adjacent Condominium Owners
In a landmark decision for New York real estate developers and owners, on August 2, 2018, a New York State Supreme Court Justice issued the first decision in New York history denying a temporary, limited license sought by a developer pursuant to Real Property Actions and Proceedings and Law (“RPAPL”) Section 881. “[T]he Court is in agreement with the respondents in this matters. The Court is going to dismiss the petition for a license as it has been indicated that,...
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