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New Construction Property Disputes

Adam Leitman Bailey, P.C. is one of the leading firms in litigating new construction disputes. 

Adam Leitman Bailey, P.C.’s successes have led to the highest honors and awards from the bar and ranking organizations. Adam Leitman Bailey, P.C. is the only real estate litigation law firm with under 30 attorneys that has received an AV® Martindale-Hubbell rating, Super Lawyers  Top 100 exclusive lists ranking, Best Lawyers awards for the firm and attorneys, selection among America’s Top 100 Bet-The-Company Litigators, and selection into the Registry of Preeminent Lawyers as well as the American College of Real Estate Lawyers.

The Commercial Observer named Adam Leitman Bailey as one of New York’s Most Powerful Real Estate Attorneys. Real Estate Weekly recognized him as, “one of the most respected commercial real estate attorneys in not only New York City, but arguably the country.” The New York Times referred to his legal strategy and legislation proposed in one case as “novel,” in addition to remarking on another case in which “Adam Leitman Bailey fought on…grinding through excruciating detail and obscure Perry Mason moments.” A New York State judge wrote that one Adam Leitman Bailey, P.C. attorney “was the best trial lawyer I saw in my nine years as a Judge in New York City.” A New York State judge, Kings County, stated that he had known an Adam Leitman Bailey, P.C. attorney for fifteen years and “that he is a brilliant lawyer and innovative who always worked zealously on behalf of his clients.” For more information on our litigation abilities please press here.

Whether representing developers or residents of buildings undergoing construction, newly constructed buildings, or buildings needing or undergoing repair or renovation, Adam Leitman Bailey, P.C. has prevailed by obtaining settlements forcing repairs in a timely fashion and obtaining judgments totaling many millions of dollars.  At the same time Adam Leitman Bailey has defended developers/sponsors in proving that the building was built in accordance with the offering plan or the complaints were untimely, or beyond the scope of the builder’s duties among the many other creative legal theories demonstrated throughout this website. 

When litigating, as one of New York’s premier real estate litigation firms, Adam Leitman Bailey, P.C. has participated and prevailed in some of the most important real estate cases of the new millennium, as reflected in numerous published and unpublished decisions on novel legal issues. The firm’s attorneys’ impressive success record in hundreds of trials places the firm’s performance among the very best in the profession. These successes have led to the firm’s recognition as one of the leading real estate litigation firms in New York. 

Conducting these intensive campaigns in its cases has led to many cases where settlements were reached before any decisive action had to be taken. Simply knowing what an Adam Leitman Bailey, P.C.-backed representation can bring has caused adversaries to offer far better terms to Adam Leitman Bailey, P.C.’s clients than before the firm took over representation. As one news magazine highlighted, “The dispute poses some existential questions for developers looking to build in the city, such as: Is it worth it if I’m going to have to deal with Leitman Bailey for years? For the gadfly attorney, it’s just another good real estate scuffle.”

When representing developers/sponsors Adam Leitman Bailey’s creative lawyering has made new law several times demonstrating why the developers/sponsors were not responsible for alleged owner’s claims or repairing a building.  For example, see: 

  • A street view of Fifth Avenue in New York City.
    Adam Leitman Bailey, P.C. Appellate Victory: Successor Sponsors No Longer Responsible for Repairing Building

    Adam Leitman Bailey, P.C. Appellate Victory: Successor Sponsors No Longer Responsible for Repairing Building

    Adam Leitman Bailey, P.C. successfully defended purchasers of units in a condominium following the original sponsor’s  bankruptcy against claims of individual units’ owners for breach of contract. The original sponsor of a condominium conversion declared bankruptcy after it was sued by individual unit owners for design and construction defects. In the bankruptcy proceeding, the firm’s client purchased almost 40 unsold units and unsold parking spaces  “free and clear” of the defective pre-bankruptcy design and construction defects of the original sponsor....

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  • Low angle view of a skyscraper in manhattan.
    Adam Leitman Bailey, P.C. Successfully Settles Slew of Defect Claims for Sponsor/Developer Client

    Adam Leitman Bailey, P.C. Successfully Settles Slew of Defect Claims for Sponsor/Developer Client

    Over the past couple of years, one of Adam Leitman Bailey, P.C.’s existing sponsor-developer clients experienced a slew of complaints and threatened litigation from disgruntled unit owners in its newly constructed Brooklyn condominium. The issues complained of by the unit owners ranged from hardwood flooring defects (i.e., the hardwood floors had not been properly acclimated prior to installation, resulting in separation of floorboards, cupping, etc.) to leaks and water infiltration damages from improperly installed roofs/waterproofing, as well as other ancillary...

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  • Low angle view of modern, glass skyscraper against a clear blue sky.
    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

    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

    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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