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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in many of the most important New York real estate cases of the new millennium, as reflected in numerous published and unpublished decisions on novel legal issues. Adam Leitman Bailey, P.C.’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:

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. Prevents Eviction of Tenant and Wins Damages and Attorney Fees using Federal Law Discrimination Statute

Adam Leitman Bailey, P.C. Prevents Eviction of Tenant and Wins Damages and Attorney Fees using Federal Law Discrimination Statute
The client installed a room air conditioning unit through a brick exterior wall, a violation of its condominium’s rules. No formal application was made to do so, although client spoke with a Board member about the possible use of such a unit. The clients were served with a Notice to Cure in 2006 and consulted Adam Leitman Bailey, PC. Rather than wait to fight an eviction, the firm moved to stay further enforcement proceedings and brought an action based on...
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Adam Leitman Bailey, P.C. Wins Landmark Victories Using a Forgotten and Overlooked Federal Law: Judge Rules Condo Deals Come Under Federal Law; a ‘Game Changer’ Decision

Adam Leitman Bailey, P.C. Wins Landmark Victories Using a Forgotten and Overlooked Federal Law: Judge Rules Condo Deals Come Under Federal Law; a ‘Game Changer’ Decision
In late 2008, the real estate sky had started to fall and fall quickly. As a result of the loss of financing and wages, many purchasers in contract to buy a unit in a newly constructed building were either no longer able or willing to close on their units. To make matters worse, the credit markets had been greatly curtailing the flow of money into the hands of developers from purchasers. In March 2008, one of the last outposts of...
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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. Wins Right for Ground Zero Mosque to Be Built, Gets Ex-Firefighter’s Case Dismissed

Adam Leitman Bailey, P.C. Wins Right for Ground Zero Mosque to Be Built, Gets Ex-Firefighter’s Case Dismissed
On September 9, 2010, Plaintiff Forras, a former firefighter, brought a class action lawsuit for damages, in the amount of $350,000,000, allegedly sustained by him and others as a result of the proposed development of a mosque and Islamic community center near Ground Zero. The complaint named the developers of a mosque and Islamic cultural center as defendants. Based on the need to defend against religious and ethnic prejudice, Adam Leitman Bailey, P.C., took on the case pro bono, that...
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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. 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. 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 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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Adam Leitman Bailey, P.C. – Sponsors No Longer Responsible for Building Repairs

Adam Leitman Bailey, P.C. – Sponsors No Longer Responsible for Building Repairs
In a decision of first impression, the Brooklyn Supreme Court held that a successor condominium sponsor is not liable for building defects caused by the original sponsor’s construction of the condominium. Justice Lawrence Knipel threw out a condominium board’s claim seeking to impose construction defect liability on a developer who purchased the interest of the condominium’s bankrupt original sponsor under a Chapter 11 Plan. The Bayard Views Condominium, a 62-unit luxury building overlooking McCarren Park in Brooklyn, was completed just...
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Adam Leitman Bailey, P.C. Makes New Law, Evicting Long-Term Nuisance Tenant

Adam Leitman Bailey, P.C. Makes New Law, Evicting Long-Term Nuisance Tenant
In Cabrini Terrace Joint Venture v. O’Brien, Adam Leitman Bailey, P.C. evicted a forty-year tenant who had been creating a nuisance for his neighbors through his disgusting housekeeping practices. Located in upper Manhattan, Charles O’Brien’s apartment was atrocious, the site of piles of clothing and other debris, and host to hundreds of vermin- some of whom escaped to invade neighbors’ apartments as well. The smell erupting from the apartment was immediately apparent and nauseating as one stepped off the elevator. But,...
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Adam Leitman Bailey, P.C. Makes New Law and Secures Yellowstone Injunction Victory Saving Ground Lease Tenancy

Adam Leitman Bailey, P.C. Makes New Law and Secures Yellowstone Injunction Victory Saving Ground Lease Tenancy
In a stunning upset victory, Adam Leitman Bailey, P.C. attorneys recently made new law, thereby securing a Yellowstone Injunction on behalf of a tenant facing the imminent loss of its valuable ground lease tenancy after being accused by its landlord, a housing cooperative, of failing to carry the requisite property insurance, as required under the lease. The co-op landlord claimed it discovered the insurance default after it was denied coverage by the tenant’s insurance carrier. A personal injury action had...
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Adam Leitman Bailey, P.C. Makes New Law in the Area of Housing Discrimination

Adam Leitman Bailey, P.C. Makes New Law in the Area of Housing Discrimination
Under New York State law, it is an unlawful discriminatory practice to refuse to sell or rent a housing accommodation to any person because of race, national origin or age. The law has generally been applied to people who sought to rent or buy a housing unit. But does the state law apply to sellers of a cooperative apartment when a cooperative board denies their sale to otherwise qualified purchasers (on a pretextual basis) because they are elderly? And, in...
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Thanks to the Beatles, Adam Leitman Bailey, P.C. Uses Aggressive and Creative Tactic to Recover Money Judgment for Landlord

Thanks to the Beatles, Adam Leitman Bailey, P.C. Uses Aggressive and Creative Tactic to Recover Money Judgment for Landlord
The landlord, represented by Adam Leitman Bailey, P.C., started an eviction case against a delinquent tenant. The landlord prevailed; the tenant was evicted and the landlord received a money judgment in the amount of rent owed. It was determined that the tenant was unemployed and had no discoverable assets. After doing due diligence, the attorneys at Adam Leitman Bailey, P.C. learned that the tenant planned on selling a suit worn by John Lennon and they took action to recover money...
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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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Jury Decides Complex Ownership Dispute

Jury Decides Complex Ownership Dispute
In September, Adam Leitman Bailey, P.C. won a jury trial in Kings County Supreme Court before Justice Herbert Kramer which allowed Adam Leitman Bailey, P.C.’s client to keep her property despite a claim of ownership by her brother. Adam Leitman Bailey, P.C. represented a client who was the owner according to a filed deed; her brother alleged that she had promised to convey the property to him and held it only as a trustee. In 1973, Adam Leitman Bailey, P.C.’s...
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Chinatown Landowners Keep Their Property Despite Two Purported Written Contracts of Sale

Chinatown Landowners Keep Their Property Despite Two Purported Written Contracts of Sale
When the Chins first came to Adam Leitman Bailey, P.C., they had what can accurately be described as double trouble. As owners of one of the very few When the Chins first came to Adam Leitman Bailey, P.C., they had what can accurately be described as double trouble. As owners of one of the very few vacant lots in Chinatown, it was said they had contracted to sell their property to two separate people., it was said they had contracted...
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Adam Leitman Bailey, P.C. Uses Ancient Document Doctrine to File and Record 36-Year-Old Document Instead of Paying Neighbor’s Bribe

Adam Leitman Bailey, P.C. Uses Ancient Document Doctrine to File and Record 36-Year-Old Document Instead of Paying Neighbor’s Bribe
Background In 1986, a corporation (“Original Owner Corp”), sole owner of a multi- building real estate parcel (“Premises”) in a New York City borough, subdivided sections of the single, multi-building Premises parcel into five separate legal subdivisions and five separate real estate Tax Lots owned by four separate parties. Prior to effecting the subdivision of the Premises, Original Owner Corp entered into an agreement, entitled “Grant of Permanent Easement” (the “1986 Easement”), with four parties “and all other proposed purchasers,...
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Game-Changing Settlement Creates New Case Law While Winning Attorney Fees and Allowing Client to Make Building Repairs

Game-Changing Settlement Creates New Case Law While Winning Attorney Fees and Allowing Client to Make Building Repairs
Adam Leitman Bailey, P.C.’s client, a Board of Managers of an Upper West Side condominium, came to Adam Leitman Bailey, P.C. for help with the damages caused by building defects in their newly built condominium. Adam Leitman Bailey, P.C. commenced a Supreme Court litigation against the sponsor developer entities and the individual principals of the entities to recover damages for the building defects, which resulted from the grossly negligent construction by the sponsor developer entities. The biggest issue was a...
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Court Rules Adam Leitman Bailey, P.C.’s Client’s Security Measures Were Appropriate Under Circumstances

Court Rules Adam Leitman Bailey, P.C.’s Client’s Security Measures Were Appropriate Under Circumstances
This case was based on the non-delegable duty of a building owner to take reasonable steps to ensure the safety of residents and visitors to the premises. The plaintiff was a resident who had a fleeting sexual relationship with two women. The women saw a bag of white powder they concluded was cocaine (but was actually cassava flour) in the apartment. The two returned with three male accomplices who gained entry to the building utilizing what the plaintiff alleged was...
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Adam Leitman Bailey, P.C. Defeats Fraud Claim; Protects CitiMortgage as a Secured Lender

Adam Leitman Bailey, P.C. Defeats Fraud Claim; Protects CitiMortgage as a Secured Lender
In defending the interests of CitiMortgage, Inc. and MERS before the Honorable Arthur M. Schack, J.S.C. in a New York Supreme Court, Kings County, deed forgery case, Adam Leitman Bailey, P.C. negotiated and procured a so-ordered agreement declaring CitiMortgage’s mortgage to be a valid lien secured by a property in Brooklyn, despite allegations of a fraudulent transfer brought by the daughter-in-law of one of the borrowers, who alleged that she was the rightful owner of the property, and that her...
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Adam Leitman Bailey, P.C. Prevails in Adverse Possession Claim

Adam Leitman Bailey, P.C. Prevails in Adverse Possession Claim
In a recent case, Adam Leitman Bailey, P.C. prevailed in one of the very first adverse possession actions brought after the 2008 RPAPL amendments. The defendant sought title representation after the plaintiff neighbors commenced suit alleging encroachments consisting of (1) a plantings bed of shrubbery, planted flowers, greenery, soil, and mulch, (2) a driveway light pole, (3) an underground drainage system, consisting of a covered drain located in the area of the plantings bed and underground piping, and (4) a...
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Adam Leitman Bailey, P.C. Causes Prior Mortgage to Be Deemed Void as Against the Premises

Adam Leitman Bailey, P.C. Causes Prior Mortgage to Be Deemed Void as Against the Premises
In Citibank, N.A. v. MERS et. al., Adam Leitman Bailey, P.C. wholly invalidated Plaintiff Citibank’s mortgage with respect to the property upon which it was recorded, and, in doing so, advanced its client’s mortgage into the priority position. A bona fide purchaser, without notice of Citibank’s mortgage, purchased the property. Years later, Citibank’s mortgage was recorded. The bona fide purchaser then sold the property to a buyer, who was on notice of Citibank’s mortgage. The buyer was told, however, that...
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Action Dismissed Against the Insured on Preliminary Motion to Dismiss

Action Dismissed Against the Insured on Preliminary Motion to Dismiss
This claim involved a dispute over monies from a reverse mortgage loan given by the client’s insured. The loan was obtained by the borrower, now deceased, through her attorney-in-fact, also now deceased. Upon the death of the borrower, the insured commenced a foreclosure action to recover monies owed on the loan. This action was brought by cousins of the deceased borrower, as the alleged “sole heirs” of the borrower’s estate. The cousins alleged that the attorney-in-fact, in procuring the reverse...
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Landlord Wins Jury Trial Over Succession Claim and Then Judge Tosses Verdict; Appellate Term Comes to the Rescue and Affirms Jury Verdict and Eviction

Landlord Wins Jury Trial Over Succession Claim and Then Judge Tosses Verdict; Appellate Term Comes to the Rescue and Affirms Jury Verdict and Eviction
Tenant Succession Claim In 2010, Adam Leitman Bailey, P.C.’s Landlord & Tenant Department defended a succession case tried before a jury. It was a hard fought victory because the claimed successor, the nephew of a deceased rent controlled tenant, had lived with his aunt in a rent-controlled apartment for over thirty years. And while the “emotional” component was present between the two, there was an absence of the “financial commitment and interdependence” that the rent-controlled-succession regulation requires. The Jury Decides...
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The Eviction of a Night Club: Using Aggressive Lawyering, Creative Legal Theories and Impressive Evidence Results in Lease Surrender, Money Judgment and Payment of Legal Fees

The Eviction of a Night Club: Using Aggressive Lawyering, Creative Legal Theories and Impressive Evidence Results in Lease Surrender, Money Judgment and Payment of Legal Fees
Adam Leitman Bailey, P.C.’s client, a property owner, was plunged into a case involving a popular night club where two high profile murders occurred while the New York Giants were celebrating their Super Bowl victory and many professional basketball players celebrated the end of the basketball strike. The landlord hired Adam Leitman Bailey, P.C. to evict the tenant for violating the lease. The difficulty of the eviction case was that although the commercial lease banned the restaurant from running a...
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Adam Leitman Bailey, P.C. Wins Case of First Impression As the First Landlord to be Awarded Attorney Fees Under the Tenant Anti-Harassment Act

Adam Leitman Bailey, P.C. Wins Case of First Impression As the First Landlord to be Awarded Attorney Fees Under the Tenant Anti-Harassment Act
New York Law Journal
By: Scott E. Mollen May 15th, 2013 Landlord-Tenant—Tenant’s Harassment Claims Dismissed—Legal Fees Awarded to Landlord—Tenant Had Denied Landlord Access for Inspection and Repair The petitioner tenant had commenced a harassment proceeding against the landlord, alleging that the landlord “either used force, threatened the use of force or implied the use of force; repeatedly brought court cases against her for no good reason; and repeatedly caused or permitted acts or omissions that substantially interfered with or disturbed her comfort, peace or...
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Adam Leitman Bailey, P.C. Wins Jury Trial Evicting Tenant for Failing to Use the Premises as Primary Residence

Adam Leitman Bailey, P.C. Wins Jury Trial Evicting Tenant for Failing to Use the Premises as Primary Residence
When a landlord sought Adam Leitman Bailey, P.C.’s help after his tenant abused his privileges of maintaining his rent-stabilized apartment as his primary residence, the attorneys at Adam Leitman Bailey, P.C. successfully defended the landlord and swiftly prevailed at trial. In April of 2011, the attorneys at Adam Leitman Bailey, P.C. issued a Combined nNotice of Non-Renewal of Lease and Intention to Commence Summary Proceedings based on non-primary residence. The tenant, however, claimed that he was, in fact, residing at...
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Adam Leitman Bailey, P.C. Prevails for Tenant with Zoo-like Apartment

Adam Leitman Bailey, P.C. Prevails for Tenant with Zoo-like Apartment
Adam Leitman Bailey, P.C. succeeded in defending Jacqueline Bartone, who kept three dogs and five birds in her Upper West Side apartment; the landlord declared her barnyard-like home was creating a nuisance. Adam Leitman Bailey felt he absolutely had to represent Bartone because her home wasn’t “approaching a nuisance in any regard.” Manhattan Housing Court Judge Peter Wendt even chose to take the uncommon step of visiting the apartment himself. After visiting the apartment, Judge Wendt ruled in favor of...
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Adam Leitman Bailey, P.C. Wins Trial Discovering Fraud by Landlord to Thwart Owner’s Use Case

Adam Leitman Bailey, P.C. Wins Trial Discovering Fraud by Landlord to Thwart Owner’s Use Case
A twenty-five year tenant of an Upper West Side townhouse, together with her husband, is keeping her apartment after a three-year litigation war defending a personal use holdover proceeding brought by her landlord. The crux of the landlords’ claim was that they needed the apartment so that their daughter had somewhere to stay on her occasional visits to the city. Adam Leitman Bailey, P.C.’s clients were the only remaining tenants in the townhouse after others died, were either bought out,...
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Adam Leitman Bailey, P.C. Prevails in Case and The New York Times Writes That “Adam Leitman Bailey fought on…grinding through excruciating detail and obscure Perry Mason moments.”

Adam Leitman Bailey, P.C. Prevails in Case and The New York Times Writes That “Adam Leitman Bailey fought on…grinding through excruciating detail and obscure Perry Mason moments.”
Using an exception to the rent-regulation laws as the basis for eviction proceedings allowed a landlord to evict the tenants in a building while using the building to become an office for the owner. Eviction proceedings had begun against all of the tenants in the building. The landlord had already vacated a number of tenants in the building and their apartments remained vacant. Adam Leitman Bailey, P.C. was hired by a tenant with a large apartment that included a backyard....
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Adam Leitman Bailey, P.C. Uses Creative Legal Theory to Save Tenant’s Rent-Stabilized Apartment

Adam Leitman Bailey, P.C. Uses Creative Legal Theory to Save Tenant’s Rent-Stabilized Apartment
After years of an uphill battle against a relentless and aggressive landlord, Adam Leitman Bailey, P.C., representing the tenant, prevailed in a three-day trial in New York County Civil Court. Judge Halprin, ruling from the bench, declared the tenant victorious, just minutes after the attorneys delivered their closing arguments. It was a long road to victory for the tenant. Years ago, the tenant and her husband, paleontologists with a small business, lived together in a tiny and crammed studio apartment...
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Adam Leitman Bailey, P.C. Assists Luna Park in Closing on $68 Million Loan & Grants; Cooperative Obtains Record $21 Million Grant from City, State, and Federal Government

Adam Leitman Bailey, P.C. Assists Luna Park in Closing on $68 Million Loan & Grants; Cooperative Obtains Record $21 Million Grant from City, State, and Federal Government
Representing the second largest cooperative in the entire world, Luna Park Housing Corporation needed $68 million in connection with a major capital project that includes replacing all of the brick facades throughout the entire project, replacing all windows with new energy efficient windows, and replacing all of the building’s roofs. Adam Leitman Bailey, P.C. was hired not only to represent the corporation in closing the largest loan in New York that year but we had worked with city, state and...
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Adam Leitman Bailey, P.C. Saves Pit Bull from Eviction Despite Attack on Neighbor’s Dog

Adam Leitman Bailey, P.C. Saves Pit Bull from Eviction Despite Attack on Neighbor’s Dog
A mix-breed pit bull ran out its door and took a bite at a small dog known for spending time making cancer survivors feel better. Turned out the “bite” was only a scratch and no stitches – only an animal Band-Aid – were needed. Adam Leitman Bailey, P.C.’s client even offered to pay for the visit to the veterinarian. Also, this was the client’s dog’s first “bite.” Reviewing the minutes of meetings or board meeting summaries, the board of this...
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Adam Leitman Bailey, P.C. Forces Sponsor to Donate an Additonal $21 Million to Repair and Renovate Building as Well as Obtaining Landlord’s Consent to Have Homeowner Association Board Members

Adam Leitman Bailey, P.C. Forces Sponsor to Donate an Additonal $21 Million to Repair and Renovate Building as Well as Obtaining Landlord’s Consent to Have Homeowner Association Board Members
Adam Leitman Bailey P.C. took on a Brooklyn-based developer after residents were forced to move into a building that lacked basic housing requirements and certainly failed to look and act like the multimillion-dollar apartment dwellings as listed in the marketing materials. The developer failed to complete the common elements, roof and other amenities. After Adam Leitman Bailey was hired to file notices and after meetings with the developer, the sponsor gave the building an additional 21 million dollars to complete...
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Adam Leitman Bailey, P.C. Works with Attorney General’s Office to Enforce $11 Million Judgment and with the Department of Buildings to Obtain a Certificate of Occupancy For the Building

Adam Leitman Bailey, P.C. Works with Attorney General’s Office to Enforce $11 Million Judgment and with the Department of Buildings to Obtain a Certificate of Occupancy For the Building
The owners of 72 condominium units situated in four attached condominium buildings located in an up and coming section of Brooklyn came to us in late February 2007, after having been represented by two prior law firms. They had entered into a settlement agreement that eliminated any right to commence suit against the sponsor of the four buildings. Investigation of this matter revealed that the buildings needed over nine million dollars in remediation to the building exterior, interior and mechanicals....
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Board Collects Common Charges Without Judicial Intervention by Novel Agreement and Deed in Lieu of Foreclosure

Board Collects Common Charges Without Judicial Intervention by Novel Agreement and Deed in Lieu of Foreclosure
With the recent economic downturn, condominium boards have been plagued by unit owner common charge defaults. With fewer unit owners paying their common charges, boards are faced with the prospect of increasing common charges in order to collect the deficit from those unit owners in good standing– unless they can collect the unpaid common charges from the delinquent unit owners. Most boards who attempt to collect common charges from delinquent unit owners are faced with essentially three choices – enter...
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Manhattan Newly Constructed Condominium Takes Over Sponsor Controlled Board and Receives $450,000 + Apartment + Significant Construction Work Without Judicial Intervention

Manhattan Newly Constructed Condominium Takes Over Sponsor Controlled Board and Receives $450,000 + Apartment + Significant Construction Work Without Judicial Intervention
The unit owners of a 24-unit luxury new construction condominium in Manhattan hired Adam Leitman Bailey, P.C. after the unit owners’ complaints and concerns about construction defects were ignored by the sponsor-controlled board, and demands by the unit owners to the sponsor that the sponsor turn over control of the board to the residents were denied. Adam Leitman Bailey, P.C. organized the unit owners, and despite the sponsor’s tactics to prevent its loss of power, the residents took control of...
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Exhaustive Investigation and Negotiation Results in Cooperator Garnering Exclusive Penthouse Roof Terrace

Exhaustive Investigation and Negotiation Results in Cooperator Garnering Exclusive Penthouse Roof Terrace
Adam Leitman Bailey, P.C.’s clients purchased one of the 250 luxury units in an upper west side landmarked cooperative. Prior to the purchase, a real estate broker hinted to Adam Leitman Bailey, P.C.’s clients that although no proof existed, the unit may include an exclusive roof area bounded by a fence providing them with expansive city views and privacy from the main roof area. Upon moving in five years ago, the board immediately denied Adam Leitman Bailey, P.C.’s clients’ request...
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Adam Leitman Bailey, P.C. Obtains First-of-Its-Kind Appellate Ruling Enabling Condominium to Defend Its Ownership of Unit

Adam Leitman Bailey, P.C. Obtains First-of-Its-Kind Appellate Ruling Enabling Condominium to Defend Its Ownership of Unit
Adam Leitman Bailey, P.C. obtained a first-of-its-kind Appellate Division, First Department decision allowing a Manhattan condominium to defeat a first mortgage foreclosure and protect its interest in a condominium unit. Because New York law provides that first mortgage lenders have priority over condominium charge liens, where a unit owner stops paying both her mortgage and her condominium charges, condominiums must often wait years without payment and then receive nothing while a mortgage foreclosure slowly winds its way through the courts....
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Adam Leitman Bailey, P.C. Successfully Defends Owner of Building, Shows That the Purchaser Was Unable to Sustain Claims of Fraudulent Inducement, Fraud, and Promissory Estoppel

Adam Leitman Bailey, P.C. Successfully Defends Owner of Building, Shows That the Purchaser Was Unable to Sustain Claims of Fraudulent Inducement, Fraud, and Promissory Estoppel
— N.Y.S.2d —-, 2013 WL 2347542 (N.Y.A.D. 1 Dept.), 2013 N.Y. Slip Op. 03913 (Cite as: 2013 WL 2347542 (N.Y.A.D. 1 Dept.)) Supreme Court, Appellate Division, First Department, New York. B & C REALTY, CO., Plaintiff–Appellant, v. 159 [Redacted] PROPERTIES LLC, et al., Defend-ants–Respondents. May 30, 2013. Goldberg Weprin Finkel Goldstein LLP, New York (Matthew E. Hearle of counsel), for appellant. Adam Leitman Bailey, P.C., New York (Jeffrey R. Metz of counsel), for respondents. GONZALEZ, P.J., MAZZARELLI, MOSKOWITZ, RENWICK, MANZANET–DANIELS,...
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Setting New Precedent, Adam Leitman Bailey, P.C. Obtains a Victory for Condominium Board

Setting New Precedent, Adam Leitman Bailey, P.C. Obtains a Victory for Condominium Board
In The Board of Managers of 266 West 115th Street Condominium v. 266 West 115th Street, LLC, et al., Index No. 159552/2014 [Sup Court, NY County 2013], a precedent-setting decision, Adam Leitman Bailey, P.C. obtained a victory that could benefit condominiums throughout Manhattan. The following two critical issues were presented in this case: (i) whether a principal of a sponsor may be held personally liable for damages resulting from construction and design defects affecting the condominium where the principal executes...
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Adam Leitman Bailey, P.C. Uses “Non-Traditional Family” Succession Laws to Prevail at Trial for Landlord After Original Firm Throws in Towel

Adam Leitman Bailey, P.C. Uses “Non-Traditional Family” Succession Laws to Prevail at Trial for Landlord After Original Firm Throws in Towel
In March of 2013, Adam Leitman Bailey, P.C., received an email from a prominent New York City landlord asking for help with a succession case. The occupant was attempting to succeed to a rent-controlled apartment after the recent death of the tenant of record. The occupant was in her early twenties. The monthly rent was less than $300. The potential long-term losses for the landlord were enormous. A licensee case had already been started by another respected law firm. Discovery...
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Adam Leitman Bailey, P.C. Prevails at Appellate Term Ordering Eviction of Commercial Business That Failed to Properly Follow Lease Requirements in Renewing Lease

Adam Leitman Bailey, P.C. Prevails at Appellate Term Ordering Eviction of Commercial Business That Failed to Properly Follow Lease Requirements in Renewing Lease
In 221-06 Merrick Blvd. Associates, LLC v. Crescent Electric Acquisition Corporation, in a decision that came down on July 14, 2009, the Appellate Term for the Second, Eleventh, and Thirteenth Judicial Districts brought a new level of analysis to the age-old question about tenants’ renewal options in commercial leases. While well established principles hold tenants strictly to the requirements for the exercise of the option, a line of authority permits equitable considerations to override the tenant’s indolence. Under this new...
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Adam Leitman Bailey, P.C. Prevails in Getting Clients’ Application for Attorneys’ Fees Awarded

Adam Leitman Bailey, P.C. Prevails in Getting Clients’ Application for Attorneys’ Fees Awarded
James Sykes, et al., Plaintiffs-Appellants, -against- RFD Third Avenue I Associates, LLC. Defendant- Respondent April 10, 2007 Trevor Davis, et al., Defendants. Adam Leitman Bailey, P.C. , New York (William J. Geller of counsel), for appellants. Background: Purchasers of real property sought to recover legal fees following release of monies held in escrow in connection with litigation against sellers. The Supreme Court, New York County, Louis Crespo, Special Referee, denied fee application, and purcha s- ers appealed. Holding: The Supreme...
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Adam Leitman Bailey, P.C. Reaffirms That a Time of the Essence Letter Must Detail the Consequences of a Failing to Appear at the Closing

Adam Leitman Bailey, P.C. Reaffirms That a Time of the Essence Letter Must Detail the Consequences of a Failing to Appear at the Closing
Supreme Court, Appellate Division, Second Department, New York. Ben NEHMADI, appellant-respondent, v. E. William DAVIS, respondent-appellant. May 23, 2012. Background: Purchaser brought action for specific performance of contract for sale of real property. Vendor moved for judgment on counterclaim that purchaser was in default and that vendor was entitled to retain down payment and for summary judgment. The Supreme Court, Nassau County, McCarty III, J., denied purchaser’s motion for leave to amend the complaint, denied vendor’s motion for summary judgment,...
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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. Stops Development Project for 22 Months Allowing Seller to Sell Next Door Development

Adam Leitman Bailey, P.C. Stops Development Project for 22 Months Allowing Seller to Sell Next Door Development
When the owner of a townhouse (the “Developer”) filed an action against the adjacent homeowners (the “Neighbors”) seeking a license to enter and install protective measures under Real Property Actions and Proceedings Law (“RPAPL”) Section 881 so that the Developer could proceed with its proposed demolition and construction project, Adam Leitman Bailey, P.C. demanded that the court order an evidentiary hearing to determine the nature and scope of the required protective measures due to the dangers and risks presented by...
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Adam Leitman Bailey, P.C. Obtains Injunction to Prevent Townhouse Renovations That Violated Adjacent Owners’ Right to Due Process

Adam Leitman Bailey, P.C. Obtains Injunction to Prevent Townhouse Renovations That Violated Adjacent Owners’ Right to Due Process
When the owners of a townhouse sought Adam Leitman Bailey, P.C.’s help after the owner of the adjacent townhouse notified them that they intended to perform an extensive renovation to substantially expand the footprint and height of their townhouse, Adam Leitman Bailey, P.C. successfully obtained an injunction preventing the adjacent owner from performing any demolition and/or construction activities on the townhouse for over a six month period by arguing that the New York City Landmarks Preservation Commission had violated the...
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Adam Leitman Bailey, P.C. Successfully Protects Landmark Townhouse From Adjacent Construction

Adam Leitman Bailey, P.C. Successfully Protects Landmark Townhouse From Adjacent Construction
When the owner of a Landmark townhouse in Chelsea sought Adam Leitman Bailey, P.C.’s help after the owner of the adjacent townhouse notified them that they intended to perform an extensive renovation to substantially expand the footprint and height of their townhouse, Adam Leitman Bailey, P.C. successfully protected the owner from the intended construction, bringing a complete halt to the adjacent owner’s plans by presenting critical testimony before the New York City Landmarks Preservation Commission. Taking a hands-on approach, the...
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Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project: When the Building That Holds the 911 Center is in Danger of Collapsing, Who You Gonna Call? Adam Leitman Bailey, P.C.

Adam Leitman Bailey, P.C. Saves and Secures Life-Saving Facility While Stopping Work on Development Project: When the Building That Holds the 911 Center is in Danger of Collapsing, Who You Gonna Call? Adam Leitman Bailey, P.C.
In New York City, some buildings are sacrosanct. They may not be good-looking or special from the outside but what they do on the inside helps save lives. When Adam Leitman Bailey, P.C. attorneys received the emergency call and ran to this building, upon arriving they were shuffled into an office and briefed on the importance of their mission. The attorneys had to secure and eventually save the building, which cannot be named due to the secrecy of the assignment,...
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Real Property Actions and Proceedings Law (“RPAPL”) § 881 Landmark Decision That Will Change the Rights of Developers and Construction Law in New York City

Real Property Actions and Proceedings Law (“RPAPL”) § 881 Landmark Decision That Will Change the Rights of Developers and Construction Law in New York City
In a landmark decision that will change the rights of developers and construction law in New York City, on December 6, 2019, the Honorable Justice Eileen Rakower ruled that the developer (the “Developer”) of a building was entitled to install a permanent encroachment onto the adjacent building in order to permit the Developer to proceed with the demolition of an existing building. In Tompkins 183 LLC v. Marsha Frankel, after several months of good faith efforts to negotiate a license...
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Real Property Actions and Proceedings Law (“RPAPL”) § 881 –Novel Decision Effecting the Rights of Developers – In New York City – Adam Leitman Bailey, P.C. Defeats Emergency Application Concerning Permanent Encroachments Before Appellate Division

Real Property Actions and Proceedings Law (“RPAPL”) § 881 –Novel Decision Effecting the Rights of Developers – In New York City – Adam Leitman Bailey, P.C. Defeats Emergency Application Concerning Permanent Encroachments Before Appellate Division
Following the Supreme Court’s landmark ruling in Tompkins 183 LLC v. Frankel, granting the developer of a residential and commercial building in the East Village a license to install permanent encroachments in the form of party wall tie-backs in the shared party wall that were necessary for the developer to proceed with the demolition of its existing building, the Adjacent Owner filed an emergency application before the Appellate Division seeking an immediate stay of the installation of such permanent encroachments...
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Adam Leitman Bailey Saves Carnegie Hall Tenants from Eviction; Obtains Massive Monetary Settlement and Free Apartment for Tenants

Adam Leitman Bailey Saves Carnegie Hall Tenants from Eviction; Obtains Massive Monetary Settlement and Free Apartment for Tenants
Adam Leitman Bailey, P.C. prevailed in representing some of the tenants in suing Carnegie Hall and the city of New York in order to halt a plan to evict them from the premises above Carnegie Hall. Carnegie Hall wanted to provide space for renovations to expand the hall’s music education programs. According to the lawsuit, Carnegie Hall wanted to evict these tenants for “massive renovations” to convert the space “for its own use.” However, for more than a century, these...
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