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Adam Leitman Bailey, P.C. Uses Creative Lawyering to Achieve Remarkable Results


BEST PRACTICES

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Remarkable Results Using Creative Lawyering

Adam Leitman Bailey, P.C. has landed the most remarkable trial victories and settlements, put together extremely favorable deals, and furnished the best in corporate counsel. Looking for the ingredients it would take to become the firm to call when you are looking for the very best real estate attorney, we came up with the following recipe:

  1. We practice one type of law, real estate law and not every facet of real estate law. We only take on projects in which we believe we can furnish the very best representation in the field.
  2. We practice in one state and focus our work on one city and its immediate suburbs, giving us the home field advantage in the courts, the boardrooms and the governmental agencies.
  3. We recruit attorneys who are recognized as the very best in their field in one facet of real estate law.
  4. We model our first year lawyer recruiting on baseball’s farm system where we hire externs, clerks and students who are still in law school. We nurture and build their skills and from these, we hire only the best candidates for full time employment.
  5. We practice aggressive, creative, out-of-the-box lawyering. Led by a cadre of partners recognized in their sub-specialties as number one in the state, we brainstorm new ways to solve the unsolvable, achieve the incredible, and accomplish the impossible.
  6. We never rest on our laurels and know that we are only as good as our last case, deal, or negotiation.
  7. We have invented new ways to practice law and new theories to solve our clients’ problems. Our successes have resulted in producing new laws and new precedents, creating new leases to become the industry standards, devising new faster, less expensive procedures to obtain foreclosures and evictions, using “Perry Mason” moments to win trials, creating out-of- the-box ways to collect on judgments, and creating new theories of law to obtain justice for our clients.
  8. We require of our staff, from the top to the bottom, a level of responsiveness to clients’ interests, concerns, and communications unrivaled not only in real estate law, but in the entire legal industry.
  9. We remain ever vigilant for the clients’ bottom line, looking for less expensive but more effective ways of achieving their goals.
  10. We never stop searching for new things to add to this recipe to make our service for our clients and their interests ever better.

Here are some examples

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1.Supreme Court Litigation-

  • Creating Coalition to Save Harlem, garnering the press and governmental representatives using a save Harlem theme, five commercial tenants either without leases or demolition clauses in lease avoid eviction and obtain million dollar settlements. Read more
  • Despite crane hitting building and putting restaurant out of business, Adam Leitman Bailey, P.C. wins injunction stopping demolition with creative lease reading and garners a seven-figure settlement. Read more
  • Turning to a forgotten federal statute called the Interstate Land Sales Full Disclosure Act, he discovered a way to void the contracts of sales for buildings over 100 units. Adam Leitman Bailey. P.C. assisted almost a thousand purchasers in closing on these homes at discounted prices or obtaining a refund of their deposits. The Wall Street Journal quoted a prominent New York developer’s attorney calling these holdings a “game changer” affecting hundreds of newly constructed buildings nationwide. Read more
  • In a family constructive trust case where a right to real property was claimed, intensive investigation, including access to normally sealed records, permitted successful destructive cross-examination of plaintiff resulting in victory for the client before a jury. Read more
  • Our client had promised to sell a building to prospective buyer, had exchanged writings to that effect and had accepted money toward the purchase.  Pretrial preparation of multiple bench memoranda were instrumental in keeping out or limiting plaintiff’s evidence, resulting in trial victory for our client in a holding that the client need not convey the property to plaintiff. Read more
  • Client had erected a structure at the back of their business on the property of a neighbor.  At trial, Adam Leitman Bailey PC was able to establish through the use of “ancient documents” and testimony establishing a course of conduct that our client was entitled an easement by adverse possession for the continued use of the contested area.
  • Uninsured landlord was sued by tenant for improper security measures leading to terrible injuries inflicted by intruders bent on robbery. Rigorous and exhaustive initial investigation led to a factually intensive motion for summary judgment.  Plaintiff was convinced that he had no chance to win and discontinued his lawsuit. Read more

2.Title Insurance and Foreclosures-

  • Adam Leitman Bailey, P.C. argued the rarely-litigated Doctrine of Ratification and put proof forward to show that Plaintiff received the benefits of the allegedly fraudulent transfer, which ultimately validated the deed in favor of the insured. Read more
  • To the best of the world’s knowledge, this was the first decision ever handed down under the newly amended provisions of the adverse possession statue, and it confirmed that de minimus encroachments can no longer form the basis of an adverse possession claim. Read more
  • Even though Wells Fargo’s mortgage was recorded second to Citibank’s mortgage, and even though the buyer had notice of Citibank’s mortgage and was not directly protected by New York’s recording statutes: extensive strategizing and novel research enabled Adam Leitman Bailey, P.C., not only to successfully elevate Wells Fargo’s mortgage into the priority position in the chain of title, but even to invalidate Citibank’s mortgage with respect to the property altogether. Read more
  • Adam Leitman Bailey, P.C. strategically elicited admissions from the Plaintiffs during discovery that they were not the personal representatives of the estate, in order to get the entire action (and title claim) dismissed for lack of standing, sparing the client the expense of a lengthy trial. Read more

3.Landlord Representation-

  • Adam Leitman Bailey, P.C. Makes New Law for a Succession Claim
    Establishing new legal precedent, Adam Leitman Bailey, P.C. convinced the appellate court that when relatives who are actually relatives but not the kind who are automatically entitled to succeed to an apartment claim succession, they must show not merely that they are relatives, but that there is an actual financial interdependence between the tenant and the claimant to succession. Read more
  • In evicting a nuisance-tenant, Adam Leitman Bailey, P.C. made new law where a tenant no longer has a right to cure nuisance post trial. Read more
  • Unorthodox collection of trial evidence from internet and public sources resulted in the eviction of a famous nightclub. Read more
  • Thanks to the Beatles, Adam Leitman Bailey, P.C. used aggressive and creative tactics to enforce a money judgment for the landlord. Read more
  • Bringing the Self Help Remedy Back to New YorkAs the first law firm to advocate and utilize the neglected remedy of self-help evictions in order avoiding having to go to court to recapture space, we gained immense power for our landlord clients. We first published an article on the subject and later this remedy was affirmed by the Appellate Courts. Read more
  • Chronic Nonpayment Cases as a Weapon for Evicting Late Paying Tenants
    As a rarely used theory to evict rent regulated tenants, Adam Leitman Bailey, P.C. developed methods to evict chronic non-paying tenants.  We later applied this doctrine to free market leases. Too many times landlords would start cases and right before the eviction the case would be terminated as the tenant paid right before eviction. With the chronic nonpayment remedy, paying the rent did not stop the eviction. Read more
  • Adam Leitman Bailey, P.C. avoids a lengthy court process with the use of licensing agreements to evict commercial tenants without going to court. Read more
  • Creating technology to allow evictions without going to court
    Creating a way to intersect the latest technology and one of the oldest but dormant legal remedies, Adam Leitman Bailey, P.C. drafted commercial licensing agreements that allowed landlords to turn off the electric key cards when a tenant failed to pay rent.  This remedy saved property owners thousands of dollars in legal fees as no court action became necessary as a result of the legal self help remedy combined with the turning off of the electronic key which was the only way to access the shared commercial space. Read more
  • Getting Around the No-Pet Rule
    Adam Leitman Bailey creates the most powerful and creative lease to assist landlords in gaining ground on tenants abusing the legal system. One example is the provision requiring all pets to be registered or face eviction. This provision faces off with the law that allows animals to sneak into a building for 90 days and be allowed to keep an animal for life. Read more
  • 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. Read more

4.Tenant Representation-

  • Adam Leitman Bailey, P.C. created new law on primary residence matters and won at trial and on appeal. Read more
  • Adam Leitman Bailey, P.C. Allows Tenant to Keep “Zoo” in her Apartment
    Thanks to Adam Leitman Bailey, P.C., A Manhattan woman was able to keep three dogs and five birds in her Upper West Side apartment, despite the landlord claiming nuisance. Read more
  • Adam Leitman Bailey, P.C. Won a Trial by Uncovering the Landlord’s Fraud, Thus Thwarting an Owner’s Case
    Adam Leitman Bailey disproved the landlord’s claim that it intended to occupy building as one home when ALB PC found newly installed mailboxes, circuit breakers and intercoms for the six other apartments. Read more
  • The New York Times wrote that “Adam Leitman Bailey fought on…grinding through excruciating detail and obscure Perry Mason moments.
    Using creative questioning, and surprise evidence, Adam Leitman Bailey caught five witnesses in lying to the judge, causing a victory for the tenant at trial. Read more
  • Adam Leitman Bailey, P.C. Used a Creative Legal Theory to Save a Tenant ‘s Rent Stabilized Apartment
    Tenants used two apartments as one to prevail in non-primary residence case. The proximity of the two apartments to each other and to the business created a nexus over which the couple spread their lives equally. Adam Leitman Bailey, P.C., argued that the fact that the tenant may have been away from the apartment on several nights out of the week did not prevent the apartment from being her primary residence. Read more
  • Adam Leitman Bailey, P.C. Prevents Eviction of Tenant and Wins Damages and Attorney Fees using Federal Law Discrimination Statute. Read More

5.Condominium Cooperative Representation-

  • Condominium Cooperative Representation
    • 21 Million Dollar Grant for Cooperative
      Needing a total rebricking with an estimated cost of 72 million, one of the largest cooperatives in New York turned to our counsel to find enough money cover the cost. Believing in miracles Adam Leitman Bailey and the board of directors strategized on a plan to attract money from the City, State and Federal government. The plan worked and 21 million dollars of free money came to the cooperative just in time. Read more
    • The Killer Lease
      Adam Leitman Bailey creates killer lease to assist landlords in gaining ground on tenants abusing the legal system. One example is the provision requiring all pets to be registered or face eviction. This provision faces off with the law that allows animals to sneak into a building for 90 days and be allowed to keep an animal for life. Read more
    • 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 Read more
    • 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
      Read more
    • Adam Leitman Bailey Invents Agreement to Give Condominium Preference in Foreclosure Action
      Read more
    • Creative Means to Collect Condominium Arrears Without Having to Go to Court Read more
    • In Lorne v. 50 Madison, making new law, the Appellate Division found condominium boards not liable for repairing newly constructed building and that the obligation to repair remains with Sponsor.
      Read more
    • Manhattan Newly Constructed Condominium Takes Over Sponsor Controlled Board and Receives $450k + Apartment + Significant Construction Work without Judicial Intervention
      Read more
    • Exhaustive Investigation and Negotiation Results in Cooperator Garnering Exclusive Penthouse Roof Terrace Read more
    • Adam Leitman Bailey, P.C. Obtains First-of-its-Kind Appellate Ruling Enabling Condominium to Defend Its Ownership of Unit. Read more

6.Appellate Litigation-

  • In East 51st Street Crane Collapse, 106 A.D.3d 473 (1st Dept. 2013) Established that settlements of wrongful death action due to crane collapse should be unsealed for review by the public and other parties adversely affected by the collapse.
  • B & C Realty, Co. v. 129 Emmut LLC, 106 A.D.3d 653 (1st Dept. 2013) Successfully defended owner of a building with potential zoning violations against purchaser who failed to close and lost a two million dollar down payment with finding that purchaser failed to demonstrate reasonable reliance necessary to sustain claims of fraudulent inducement, fraud and promissory estoppel.
  • Board of Managers of 184 Thompson Street Condominium v. 184 Thompson Street Owner LLC, 106 A.D.3a 542 (1st Dept. 2013) Clarified the “total price” calculation in determining what a sponsor must contribute to a condominium’s reserve fund.
  • Stalker v. Steward Tenants Corp. , 93 A.D.3d 550 (1st Dept. 2012) In a case of first impression, successfully argued to appellate court that sellers of a cooperative apartment could sue cooperative under the New York State Human Rights Law and the Federal Fair Housing Act for damages when cooperative refused to approve a sale of the unit to elderly buyers.
  • Fort Washington Holdings, LLC v. Abbott, 36 Misc. 3d (App. T. 1st Dept. 2013) In a succession case, reversed trial court decision nullifying a jury’s verdict which held that for a non-traditional family member to succeed, claimed successor must prove both an emotional commitment interdependence and a financial commitment interdependence appellate term found that succession was not established.
  • Hartman v. Goldman, 84 A.D. 3a 374 (2d Dept. 2011) In a case of first impression involving the 2008 amendment to Real Property Actions & Proceedings §543, successfully defended an adverse possession claim on the basis that de minimus non-structural encroachments are permissive and non-adverse.
  • 221-06 Merrick Blvd Associations, LLC v. Crescent Electric Acquisitions Corp., 79 A.D. 3d 896 (2d Dept. 2010) Reaffirmed that renewal lease option is ineffective if not given in a timely manner and found that equity should not intervene to excuse tenant’s tardiness in exercising option.
  • Lorne v. 50 Madison Ave, LLC, 65 A.D.3d 879 (1st Dept. 2010) Successfully represented Board of Directors against challenge by shareholder of a unit who claimed that the Board breached its fiduciary duty to her by not permitting certain sponsor obligated repair work to be performed by the shareholder absent to shareholder executing an alteration agreement. Also reaffirmed that board member cannot be sued in individual capacity about the member committing an independent tort against the shareholder.
  • Sykes v. RFD Third Avenue 1. Associates, LLC, 67 A.D.3d 162 (2010) Established that a course of action for negligent misrepresentation asserted against a mechanical engineering firm for rendering statements in an offering plan regarding the disputes of the heating and condition systems which proved to be untrue, did not lie because the owner was not a known party when the firm made the representation.
  • Nehmadi v. Davis 63 A.D. 3d 115 (2nd Dept. 2009) Reaffirmed that a time of the essence letter must detail the consequences of a failing to appear at the closing and hold that specific performance cause of action remains viable when a time of the essence letter is deficient.
  • Chan v. Chin 62 A.D. 3d 471 (1st Dept. 2009) Successfully represented owners from challenge by perspective purchaser to obtain valuable commercial property who several documents did not satisfy statue of frauds. Because documents never established a purchase price, there was no meeting of the minds.

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“I’ve learned so much and gained knowledge with a desire to work in the real estate department.” “We are finally at the point in time when I can say thank you so much for your phenomenal work. Your faith in this case was wise and the outcome matches.” “Hard work and risk pays off for closing” “ROCKSTAR. That’s what you are…Jackie…How can I thank you enough for all the work you have done…” Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender ALBPC Twice Saves Tenant’s Business from Certain Death ALBPC Releases Daughter, Mere Accommodation Signer on Lease, from Lease and Allows Her to Avoid Nonpayment Proceeding Adam Leitman Bailey, P.C. Gets $215K for Board after a Botched Common Charge Lien Foreclosure Adam Leitman Bailey, P.C.’s “Watershed Case” Changes Condominium Development Original Promissory Note Lost—Lender Satisfied UCC 3-804 and Entitled to Judgment Q&A: A Broken Shower Non-Disclosure Agreements Defend Against Fishing Expeditions Adam Leitman Bailey, P.C. Prevails at Traverse Hearing, Defeats Borrower’s Motion to Vacate and Dismiss, and Wins Judgment for Lender (Part I) Christopher Halligan Speaks to the New York State Bar Association on Jury Trials in Landlord – Tenant Proceedings Adam Leitman Bailey Lectures for New York State Bar Association on Easements, Adverse Possession and Arcane Laws to Overcoming Building Obstacles Adam Leitman Bailey Guest Lecturer at New York Law School’s Landlord-Tenant Class NYSBA – Removing Real Estate Development Obstacles: Zoning, Restrictive Covenants, Easements, Adverse Possession and Boundary Disputes

Adam Leitman Bailey, P.C.

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