Adam Leitman Bailey, P.C. has assembled a team consisting of many of the best real estate appellate attorneys in the state of New York.
The collective experience of this team has been responsible for winning several landmark decisions in real estate law. These attorneys have won more appellate cases at the Court of Appeals and its subsidiary appellate courts than any other real estate practitioner. In addition, an in-house study using a Westlaw search found that Jeffrey M. Metz has won more real estate appellate cases than any other practicing attorney. Members of this team have participated in over four hundred and fifty appeals and are best known for these dozen landmark cases representing hundreds of others.
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Adam Leitman Bailey, P.C. Prevails in the Appellate Division by Successfully Defending Against Claim that its Client’s Complaint Should Have Been Stricken
Adam Leitman Bailey, P.C. Prevails in the Appellate Division by Successfully Defending Against Claim that its Client’s Complaint Should Have Been Stricken
In a heavily litigated foreclosure action that has had multiple motions and appeals, the borrower appealed from a decision of the Court that denied her motion to dismiss Plaintiff’s complaint pursuant to CPLR § 3126(c). The borrower argued that Plaintiff failed to comply with her discovery demands and dismissal of the complaint was warranted. Plaintiff opposed borrower’s application and cross-moved for a protective order, contending that the demands were wholly immaterial to the issues of the case. The Supreme Court...
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Adam Leitman Bailey, P.C. Preserves Auction Sale For An Innocent Purchaser
Adam Leitman Bailey, P.C. Preserves Auction Sale For An Innocent Purchaser
The firm was retained to represent an entity which purchased a property for valid consideration after the prior owner failed to satisfy a mechanics lien and never sought to redeem. After the sale, the prior owner claimed that it had not been given the notice of the sale as had been directed by a prior court order. This, notwithstanding that the court notification system indicated that (i) the matter would appear in the foreclosure part on a date certain and...
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Adam Leitman Bailey, P.C. Recovers Substantial Rental Arrears From A Commercial Tenant Which Violated The Payment Condition Of A Yellowstone Injunction
Adam Leitman Bailey, P.C. Recovers Substantial Rental Arrears From A Commercial Tenant Which Violated The Payment Condition Of A Yellowstone Injunction
It seems like an unremarkable principle: a commercial tenant, which is in breach of its lease and has been served with a Notice to Cure, cannot then sue its landlord, and stop paying rent during the pendency of the action. This is especially true when the tenant seeks and receives a Yellowstone Injunction which tolls the running of the Notice to Cure and thwarts the landlord from terminating the tenancy. However, a sympathetic judge believed otherwise until Adam Leitman Bailey,...
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Lorne v. 50 Madison Avenue LLC
Lorne v. 50 Madison Avenue LLC
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Adam Leitman Bailey, P.C. Wins Case of First Impression Regarding an Attorney’s Ability to Zealously Represent a Client Without Fear of Reprisal from the Client’s Adversary
Adam Leitman Bailey, P.C. Wins Case of First Impression Regarding an Attorney’s Ability to Zealously Represent a Client Without Fear of Reprisal from the Client’s Adversary
In a case which personally affected Mr. Bailey and the members of his firm, a disgruntled developer attempted to have Mr. Bailey abandon his client—the lone tenant in a building which the developer sought to turn into luxury condominiums—by suing Mr. Bailey and the firm for $25,000,000.00 in damages for alleged abuse of process and tortious interference with prospective economic interest. The suit claimed that Mr. Bailey waged a media campaign in an effort to portray the developer in a...
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Adam Leitman Bailey, P.C. Affirms an Unusual Ruling Issued by The Supreme Court
Adam Leitman Bailey, P.C. Affirms an Unusual Ruling Issued by The Supreme Court
In a matter where taking too aggressive a position can backfire, Adam Leitman Bailey, P.C. obtained an affirmance before the Appellate Division of an order of the trial court, which stayed the prosecution of a plenary action a landlord brought against its tenant, pending the resolution of the holdover proceeding the landlord had previously commenced. Dissatisfied with the progress in the holdover proceeding, the landlord sought to apply pressure to make the tenant vacate by bringing an action in the...
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Adam Leitman Bailey, P.C. Obtains Dismissal of an Appeal Challenging the Entry of a Judgment Quieting Title
Adam Leitman Bailey, P.C. Obtains Dismissal of an Appeal Challenging the Entry of a Judgment Quieting Title
Adam Leitman Bailey, P.C. was retained by a property owner who obtained quiet title to a contested property to defend against an appeal brought by the common-law wife of the deceased owner. The judgment was granted in favor of the client due to a series of defaults committed by the wife, including failing to oppose a motion for a summary judgment and to strike a counterclaim for adverse possession. Also, the wife did not appear for trial and an order granting...
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Adam Leitman Bailey, P.C. Wins Appeal and Obtains Critical Information For Client In Rent Overcharge Dispute
Adam Leitman Bailey, P.C. Wins Appeal and Obtains Critical Information For Client In Rent Overcharge Dispute
Under New York law, if a landlord obtains J-51 tax benefits from New York City, the landlord must treat its tenants as rent stabilized. In this case, the owner failed to do so and for years treated our client as deregulated and charged rents exceeding that allowable under rent stabilization. Our client commenced a rent overcharge case in the Supreme Court. There, the determination of whether rent overcharges would be computed on the basis of the rent charged four years...
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De-Acceleration of Loan Found Valid to Defeat Statute of Limitation Defense Notwithstanding Word Processing Error In Stipulation of Discontinuance
De-Acceleration of Loan Found Valid to Defeat Statute of Limitation Defense Notwithstanding Word Processing Error In Stipulation of Discontinuance
In a mortgage foreclosure action where Adam Leitman Bailey, P.C. participated in the appeal to the Appellate Division, Second Department the lower court refused to grant the mortgagee summary judgment on its foreclosure complaint and for an order of reference finding that there was an issue of fact as to whether the claim was time barred. A foreclosure action had been brought against the mortgagor in May 2011 but was then discontinued by stipulation in December 2016. However, the stipulation...
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Sullivan v. Brevard Associates
Sullivan v. Brevard Associates
Susan Sullivan, Respondent, v. Brevard Associates, Appellant. Court of Appeals of New York Argued October 15, 1985; Decided November 19, 1985 CITE TITLE AS: Sullivan v Brevard Assoc. SUMMARY Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered May 22, 1984, which unanimously affirmed an order and judgment (one paper) of the Supreme Court at Special Term (Ira Gammerman, J.), entered in New York...
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Holy Properties Limited, L. P. v. Kenneth Cole Productions, Inc.
Holy Properties Limited, L. P. v. Kenneth Cole Productions, Inc.
Holy Properties Limited, L. P., Respondent, v. Kenneth Cole Productions, Inc., Appellant. Court of Appeals of New York Argued October 19, 1995; Decided December 7, 1995 CITE TITLE AS: Holy Props. v Cole Prods. SUMMARY Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered October 11, 1994, which affirmed a judgment of the Supreme Court (Jane S. Solomon, J.), entered in New York County after a...
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Eighteen Associates, LLC v. Nanjim Leasing Corp.
Eighteen Associates, LLC v. Nanjim Leasing Corp.
Eighteen Associates, L. L. C., Respondent, v Nanjim Leasing Corp. et al., Defendants, and Mar- tin R. Kramer et al., Appellants. Supreme Court, Appellate Division, Second Department, New York (January 11, 1999) CITE TITLE AS: Eighteen Assoc. v Nanjim Leasing Corp. In an action, inter alia, to recover damages for use and occupancy of a commercial building, the de- fendants Martin R. Kramer, Morton A. Schwab, and Mark A. Stofsky appeal from so much of an order of the Supreme...
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Graubard Mollen, et al. v. 600 Third Avenue Associates
Graubard Mollen, et al. v. 600 Third Avenue Associates
Graubard Mollen Horowitz Pomeranz & Shapiro, Respondent, v. 600 Third Avenue Associates, Appellant. Court of Appeals of New York Argued May 5, 1999; Decided June 10, 1999 CITE TITLE AS: Graubard Mollen Horowitz Pom- eranz & Shapiro v 600 Third Ave. Assoc. SUMMARY Appeal, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered July 23, 1998, which (1) reversed, on the law, an order and judgment (one...
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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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Classic Realty v. New York State Division of Housing & Community Renewal
Classic Realty v. New York State Division of Housing & Community Renewal
In the Matter of Classic Realty LLC, as Agent for RAM I LLC, Appellant v New York State Division of Housing and Community Renewal, Respondent Court of Appeals of New York Argued February 12, 2004 Decided March 30, 2004 CITE TITLE AS: Matter of Classic Realty v New York State Div. of Hous. & Community Renewal SUMMARY Appeal from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered August 7, 2003. The Appellate...
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Sinensky v. Rokowsky
Sinensky v. Rokowsky
Sinensky v Rokowsky 2005 NY Slip Op 07518 Decided on October 11, 2005 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on October 11, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT ANITA R. FLORIO, J.P. DANIEL F. LUCIANO PETER B. SKELOS ROBERT A. LIFSON, JJ. DECISION & ORDER...
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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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East 51st Street Crane Collapse Litigation v. East 51st Street Development Company, LLC
East 51st Street Crane Collapse Litigation v. East 51st Street Development Company, LLC
Matter of East 51st St. Crane Collapse Litig. 106 A.D.3d 473, 966 N.Y.S.2d 373 NY,2013. 106 A.D.3d 473, 966 N.Y.S.2d 373, 2013 WL 1908683, 2013 N.Y. Slip Op. 03408 In the Matter of East 51st Street Crane Collapse Litigation. Jean Squeri, Respondent v East 51st Street Development Company, LLC, et al., Appellants, et al., Defendants. East 51st Street Development Company, LLC, Third-Party Plaintiff-Appellant, v Consolidated Edison Company of New York, Inc., et al., Third-Party Defendants, and Liftex Corporation, Third-Party Defendant-Respondent....
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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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184 Thompson St. Owner LLC
184 Thompson St. Owner LLC
Wifb w. 106 A.D.3d 542 106 A.D.3d 542 (Cite as: 106 A.D.3d 542, 965 N.Y.S.2d 114) v 184 Thompson St. Owner LLC 106 A.D.3d 542, 965 N.Y.S.2d 114 NY,2013. 106 A.D.3d 542, 965 N.Y.S.2d 114, 2013 WL 2096432, 2013 N.Y. Slip Op. 03574 Appellant v 184 Thompson Street Owner LLC, et al., Respondents. Supreme Court, Appellate Division, First Department, New York May 16, 2013 CITE TITLE AS: v 184 Thompson St. Owner LLC HEADNOTE Condominiums and Cooperatives Offering Plan Method...
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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
Client v Stewart Tenants Corp. 93 A.D.3d 550, 940 N.Y.S.2d 600 NY,2012. 93 A.D.3d 550, 940 N.Y.S.2d 600, 2012 WL 952410, 2012 N.Y. Slip Op. 02156 [redacted]Respondents-Appellants v Stewart Tenants Corporation, Appellant- Respondent, et al., Defendants. Supreme Court, Appellate Division, First Department, New York March 22, 2012 HEADNOTES Condominiums and Cooperatives Board of Directors Business Judgment Rule Civil Rights Discrimination in Housing Age and National Origin—Human Rights Law—Punitive Damages Civil Rights Discrimination in Housing Age and National Origin—Federal Fair Housing...
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Fort Washington Holdings, LLC v. Maurice Abbott
Fort Washington Holdings, LLC v. Maurice Abbott
Fort Washington Holdings, LLC v Maurice Abbott
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Hartman v. Goldman
Hartman v. Goldman
Decided on May 3, 2011 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT JOSEPH COVELLO, J.P. DANIEL D. ANGIOLILLO THOMAS A. DICKERSON SHERI S. ROMAN, JJ. 2010-04447 (Index No. 8003/09) Scott Hartman, et al., appellants, v Dorian Goldman, respondent. Robert I. Eber, Tarrytown, N.Y., for appellants. Adam Leitman Bailey, P.C. (John M. Desiderio and Jeffrey R. Metz of counsel), for respondent. DECISION & ORDER In an action, inter alia, for a judgment declaring that...
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221-06 Merrick Blvd. Associates, LLC v. Crescent Electric Acquisition Corporation
221-06 Merrick Blvd. Associates, LLC v. Crescent Electric Acquisition Corporation
Supreme Court, Appellate Division, Second Department, New York. IN RE: 221-06 Merrick Blvd. Associates, LLC, petitioner-respondent, v. Crescent Electric Acquisition Corporation, appellant, et al., respondents. 2009-09149 (Index No. 74830/07) Decided: December 14, 2010 REINALDO E. RIVERA, J.P. THOMAS A. DICKERSON PLUMMER E. LOTT SHERI S. ROMAN, JJ. Jaffe, Ross & Light, LLP, New York, N.Y. (Burton R. Ross and Bill S. Light of counsel), for appellant. Adam Leitman Bailey, P.C., New York, N.Y. (Jeffrey R. Metz and Courtney Killelea of counsel),...
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Lorne v. 50 Madison Avenue, LLC
Lorne v. 50 Madison Avenue, LLC
65 A.D.3d 879 (Cite as: 65 A.D.3d 879, 886 N.Y.S.2d 1) Lorne v. 50 Madison Ave. LLC 65 A.D.3d 879, 886 N.Y.S.2d 1 NY,2009. 65 A.D.3d 879886 N.Y.S.2d 1, 2009 WL 2851987, 2009 N.Y. Slip Op. 06381 Simon Lorne et al., Respondents v 50 Madison Avenue LLC et al., Respondents, and Board of Managers et al., Appellants, et al., Defendants. Supreme Court, Appellate Division, First Department, New York September 8, 2009 CITE TITLE AS: Lorne v 50 Madison Ave. LLC...
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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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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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Adam Leitman Bailey, P.C. Wins Case of First Impression: Cooperatives Required to Do Repairs Despite Shareholder’s Alleged Responsibility in Corporate Documents
Adam Leitman Bailey, P.C. Wins Case of First Impression: Cooperatives Required to Do Repairs Despite Shareholder’s Alleged Responsibility in Corporate Documents
Adam Leitman Bailey represented a cooperative owner complaining of repairs needed to her apartment. The cooperative building argued that since these repairs based on the corporate documents are the unit owner’s responsibility, the cooperative is not liable to do the repairs. Both the trial court and Appellate Court agreed, declaring: The cooperative, as statutory owner, is obligated in the first instance to remove Housing Code violations (see, McMunn v Steppingstone Mgt. Corp., 131 Misc 2d 340, 500 N.Y.S.2d 219 [1986])....
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Adam Leitman Bailey, P.C. Protects Homeowner’s Claim to Adverse Possession of Common Driveway
Adam Leitman Bailey, P.C. Protects Homeowner’s Claim to Adverse Possession of Common Driveway
In a victory for a Brooklyn homeowner, Adam Leitman Bailey, P.C. secured an appellate victory that allows the homeowner to pursue his claim that his family’s 30 years of exclusive use of a common driveway between his house and his neighbors gave him permanent rights in the driveway. When two Bay Ridge homes were built in the 1920s, they shared a common driveway to access the garages that were then in their back yards, and documented their mutual access to...
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Adam Leitman Bailey P.C. Wins Appeal in First Department Affirming Its Trial Victory Representing a Landlord in a Succession Claim Holdover Proceeding
Adam Leitman Bailey P.C. Wins Appeal in First Department Affirming Its Trial Victory Representing a Landlord in a Succession Claim Holdover Proceeding
In a February 2020 decision, the Appellate Term, First Department, affirmed the housing court’s February 2019 order after trial, which awarded possessory judgment to the landlord in a non-traditional family member succession proceeding concerning a rent stabilized apartment. The Appellate Term Held in a unanimous decision: A fair interpretation of the evidence supports the trial court’s finding that respondent . . . failed to meet her affirmative obligation to prove “emotional and financial commitment, and interdependence between [herself] and the...
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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, P.C. Defeats Motion to Vacate Default Judgment at Trial Court Level and on Appeal, Protecting Client’s Valid Foreclosure
Adam Leitman Bailey, P.C. Defeats Motion to Vacate Default Judgment at Trial Court Level and on Appeal, Protecting Client’s Valid Foreclosure
In Emigrant Bank v. Luigi Rosabianca, et. al, Index No. 850136/2014, Supreme Court, New York County, the parents of an infamous and now disbarred real estate lawyer, Luigi Rosabianca, (the “Parents”) defaulted in a civil action to foreclose on their residence, by failing to submit an answer responding to a complaint brought by our lender client. They were shown to have both constructive and actual notice of this pending litigation. Adam Leitman Bailey, P.C. moved for a default judgment. The...
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Adam Leitman Bailey, P.C. Succeeds on Appeal by Overturning an Order Dismissing a Foreclosure Action and Tolling Interest
Adam Leitman Bailey, P.C. Succeeds on Appeal by Overturning an Order Dismissing a Foreclosure Action and Tolling Interest
In 2011, the lender commenced a foreclosure action against the borrower. The lender ultimately moved for Summary Judgment and an Order of Reference, in response to which the borrower cross-moved for dismissal alleging that the lender lacked the capacity to sue in New York because the lender was not authorized to do business within the state. In a devastating Decision and Order against the lender, the Court dismissed the complaint on the grounds that the lender did not have the...
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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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Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal
Adam Leitman Bailey, P.C. Revives a Time-Barred Mortgage Loan on Appeal
Adam Leitman Bailey, P.C. was retained by the note owner to salvage a 2007 foreclosure action that was dismissed pursuant to CPLR § 3216 for the Plaintiff’s prior counsel’s alleged failure to prosecute. By virtue of the CPLR § 3216 dismissal, foreclosure of the loan was then time-barred by the statute of limitations, and the Plaintiff was unable to use the six month grace period afforded by CPLR § 205 needed to timely commence a new action. Accordingly, Adam Leitman...
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Adam Leitman Bailey, P.C. Shareholder-Clients Prevail on Appeal as Court Finds Cooperative Negligent and Determines Cooperative Must Maintain Roof in Good Repair Among other Damages Awarded to Clients
Adam Leitman Bailey, P.C. Shareholder-Clients Prevail on Appeal as Court Finds Cooperative Negligent and Determines Cooperative Must Maintain Roof in Good Repair Among other Damages Awarded to Clients
The law generally provides that when a party asserts a claim for breach of contract and for negligence based upon the same operative events, the negligence claim will be dismissed as being duplicative of the breach of contract cause of action. This is the issue Adam Leitman Bailey, P.C. faced when taking over a case brought by shareholders of two penthouse units in a small cooperative building. Due to extensive leaking from numerous areas of the roof, the units suffered...
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Title Policy Exceptions Enforced to Defeat Disgruntled Property Owner
Title Policy Exceptions Enforced to Defeat Disgruntled Property Owner
The Plaintiff purchased a property and obtained a title policy which contained certain exceptions to coverage regarding a driveway, a portion of which encroached onto a private street. The plaintiff used that driveway and also had access to a public street which abutted his property. Subsequently, the adjacent property, which included the private road, was sold and that owner and the plaintiff had several disputes regarding the use of the driveway which the owner had used without incident prior to...
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Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division
Sponsor’s Attempt to Avoid Liability for Construction Defects and to Limit Valid Claims of the Condominium Unit Owners Soundly Rejected by the Appellate Division
In a hotly contested dispute between the Board of a Condominium and the Sponsor of the Condominium, the Board brought suit alleging, among other things, that there were numerous construction defects that the Sponsor was obligated to remedy but failed to do so. The Board’s complaint noted that the defects included were not limited to the eleven most serious defects which were listed in the complaint. The complaint also referenced the engineer’s report which set forth other numerous defects. The...
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Cabrini v. O’Brien
Cabrini v. O’Brien
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Hartman v. Goldman – Adverse Possession
Hartman v. Goldman – Adverse Possession
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Adam Leitman Bailey, P.C., Successfully Defends Condominium Board and Managing Agent Against Serial Litigant
Adam Leitman Bailey, P.C., Successfully Defends Condominium Board and Managing Agent Against Serial Litigant
Adam Leitman Bailey, P.C., successfully defended its clients – a condominium board of managers, individual residential members of the board, and the condominium’s managing agent – against a serial litigant seeking millions of dollars of damages for alleged breach of contract and breach of fiduciary duty. A recent decision by the Supreme Court in New York County, which granted the defendants’ motion to dismiss, is the latest victory for Adam Leitman Bailey, P.C.’s clients in litigation stretching back ten years....
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Adam Leitman Bailey, P.C. Creates New Law on Primary Residence Matters
Adam Leitman Bailey, P.C. Creates New Law on Primary Residence Matters
In this case, one of the largest property-owning families in New York sued our client to take possession of her apartment after she abandoned her home to take care of her sick mother living in California. Adam Leitman Bailey, P.C. prevailed at trial in addition to winning two appeals at the Appellate Term and Appellate Division. For the firm, Adam Leitman Bailey prevailed at trial and worked with Dov Treiman on the appeals. The firm was awarded attorney fees in the...
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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. Prevails as Second Circuit Upholds Title of Developer That Acquired Property Sold in H.U.D. Auction
Adam Leitman Bailey, P.C. Prevails as Second Circuit Upholds Title of Developer That Acquired Property Sold in H.U.D. Auction
Second Circuit Affirms Ruling Where Foreclosure Is Limited to Bidders to Governmental Entities, Local Housing Fund Development Corporations (HFDCs) and Lien Holders. The U.S Court of Appeals for the Second Circuit upheld the right of a municipal/private development partnership to acquire a low-income apartment complex from the U.S. Department of Housing and Urban Development (HUD) where HUD had taken title in a foreclosure of its own mortgage on the property under the Multifamily Mortgage Foreclosure Act, 12 U.S.C. § 3701,...
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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. 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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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 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. Wins Appeal: Family Can Keep Apartment Despite Error, Panel Finds
Adam Leitman Bailey, P.C. Wins Appeal: Family Can Keep Apartment Despite Error, Panel Finds
By: Brendan Pierson April 15th, 2014 New York City’s Department of Housing Preservation and Development cannot reconsider its decision to give a four-bedroom subsidized co-op to a family of five, against its normal rules, because the other family challenging the decision has no standing to sue, a state appeals court recently found. The unanimous Appellate Division, First Department panel ruled in Echevarria v. Wambua, 103396/12, that there was no grounds for a remand, even though the housing agency said it...
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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. 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. Wins Appeal for Hotel Developer; Demolition Termination Clause Not Tolled When Commercial Tenant Fails to Satisfy the Requirements for Obtaining a Preliminary Injunction
Adam Leitman Bailey, P.C. Wins Appeal for Hotel Developer; Demolition Termination Clause Not Tolled When Commercial Tenant Fails to Satisfy the Requirements for Obtaining a Preliminary Injunction
In this case, the landlord, in accordance with the lease, served the tenant with a 12-month notice of termination based upon the landlord’s intention to demolish the building. The tenant brought an action in the Supreme Court and moved for a preliminary injunction to halt the running of the notice. Among other things, the tenant claimed that the prior landlord had prematurely engaged in renovations and that waived the present landlord’s right to demolish and that the landlord (whose earlier...
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Even With a Successful Defense of a Baseless DHCR Eviction Proceeding, a Tenant Cannot Recover Legal Fees
Even With a Successful Defense of a Baseless DHCR Eviction Proceeding, a Tenant Cannot Recover Legal Fees
A client of the firm found her decade-long tenancy in jeopardy when her landlord moved before the DHCR for an Order Granting Approval to Refuse Renewal of Lease and/or to Proceed To Eviction under Section 2524.5(a)(1). That procedure is used when a landlord seeks to withdraw a residential rent unit from the market for its own business. A good faith intention must be demonstrated. After a highly contested proceeding involving numerous written submissions and two days of hearing before an...
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Appellate Division Finds That Equity Will Not Intervene to Relieve Commercial Tenant of Its Failure to Timely Exercise a Lease Renewal Option: Adam Leitman Bailey, P.C. Victorious
Appellate Division Finds That Equity Will Not Intervene to Relieve Commercial Tenant of Its Failure to Timely Exercise a Lease Renewal Option: Adam Leitman Bailey, P.C. Victorious
A commercial tenant sought information on how to exercise the renewal option in its lease. When informed by the landlord to the follow the renewal provision in the lease, tenant failed to do so until after the option date had expired. When the landlord brought a holdover, the tenant argued that its failure to renew was excusable and that equity should intervene to relieve it of its failure to timely renew. After a trial, the civil court held for the...
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Adam Leitman Bailey, P.C.’s Victory at the Supreme Court, Appellate Division Vindicates Client’s Rights to Parents’ Property After Decades-Long Family Dispute
Adam Leitman Bailey, P.C.’s Victory at the Supreme Court, Appellate Division Vindicates Client’s Rights to Parents’ Property After Decades-Long Family Dispute
After a long and fiercely contested battle, Adam Leitman Bailey, P.C. recently prevailed at the Supreme Court Appellate Division, Second Department, resolving decades-old issues involving a family’s proportionate ownership interests in a two-family Brooklyn house. The court agreed with Adam Leitman Bailey, P.C.’s arguments that the issues relating to the property were actually litigated or should have been raised years ago in the context of an estate proceeding in Florida and that the order of the Florida court should be...
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East 51st Street Crane Collapse
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.
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Pacific Carlton Development Corp. v. 752 Pacific, LLC.
Pacific Carlton Development Corp. v. 752 Pacific, LLC.
62 A.D.3d 677 (2nd Dept. 2009) Found that a cause of action for tortious interference with contractual relations brought against individual defendants could be based upon their actions as corporate officer.
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Chang v. SDI Intern, Inc.
Chang v. SDI Intern, Inc.
15 A.D.3d 520 (2d Dep’t 2005) Demonstrated to court that the plaintiffs’ request for turn-over of corporation’s tax returns and other sensitive financial information was inappropriate and should be subject to protective order.
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Nick v. DHCR
Nick v. DHCR
664 N.Y.S.2d 777 (1st Dep’t 1997) Early luxury decontrol case which found that the owner was entitled to an order of deregulation upon tenant’s default and that the luxury decontrol provisions of the Rent Stabilization Law do not violate due process or equal protection guarantees.
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Vance v. Century Apartment Assocs. to Court of Appeals
Vance v. Century Apartment Assocs. to Court of Appeals
Established that the sub-lessor must demonstrate an intent to return.
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Adam Leitman Bailey, P.C. Wins Case for Commercial Property Seller: Contract Disclaimers Are Enforceable
Adam Leitman Bailey, P.C. Wins Case for Commercial Property Seller: Contract Disclaimers Are Enforceable
This case strongly reaffirms that with respect to real property transactions, the parties will be held to the terms of the agreement(s) they made. In this case, the plaintiff had entered into agreements with the seller to purchase a building in a piecemeal fashion. The purchaser first purchased a 7 % interest for two million dollars and agreed to purchase the remaining 93% for approximately another 16 million dollars by a date certain. The agreement contained a provision that in...
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Adam Leitman Bailey, P.C. Helps Tenants Escape Eviction Again
Adam Leitman Bailey, P.C. Helps Tenants Escape Eviction Again
This is an ongoing battle between fair market value tenants in a building which has undergone condominium conversation and their former landlord which is now the sponsor. While the cases were brought against the tenants in 2006 and 2007, they still remain in possession. The initial stage of the litigation involved the issue of whether the tenants were entitled to statutory protection under the General Business Law section 352-eeee. The Appellate Term, First Department found that they were not and...
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Inadvertent Sending of a Letter Should Not Result in Dismissal of a Meritorious Non-Primary Residence Action
Inadvertent Sending of a Letter Should Not Result in Dismissal of a Meritorious Non-Primary Residence Action
In a case sadly reflective of certain decisions made by the judges of the housing court, the Appellate Term recently reinstated a non-primary residence proceeding that had been dismissed because the landlord sent a single letter to the daughter of the tenant of record acknowledging her recent move into her mother’s apartment. Based upon this letter, the lower court held that the daughter had somehow obtained the rights of a licensee and since the landlord did not send a notice...
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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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Adam Leitman Bailey, P.C.’s Jeffrey R. Metz Has More Real Estate Appellate Wins Than Any Other Practicing Attorney in New York
Adam Leitman Bailey, P.C.’s Jeffrey R. Metz Has More Real Estate Appellate Wins Than Any Other Practicing Attorney in New York
Jeffrey R. Metz has participated in many of the most important New York real estate decisions of this generation. Jeffrey R. Metz has prepared and argued over two hundred and fifty appeals, approximately one hundred and fifty of which have been officially reported. A review of twenty-five years of the Housing Court Reporter shows Bureau Chief Jeffrey R. Metz as one of the most frequently appearing and winning practitioners before New York’s appellate courts. In fact, an in-house study using...
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Brokerage Law: Appellate Division Reinstates Unjust Enrichment Claim Against Wrongdoers
Brokerage Law: Appellate Division Reinstates Unjust Enrichment Claim Against Wrongdoers
Taking over the matter from another law firm where a commercial brokerage firm had its complaint for various causes of action, including unjust enrichment, dismissed as against all defendants except a shell limited liability company with no assets, Adam Leitman Bailey, P.C. has achieved reinstatement of the complaint against two of the wrongdoers for unjust enrichment and the possibility of moving against the two other wrongdoers in the future. In Georgia Malone & Co. v. Rieder, et. al., Malone &...
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Adam Leitman Bailey, P.C. Prevails in Favor of Rejected Cooperative Purchaser
Adam Leitman Bailey, P.C. Prevails in Favor of Rejected Cooperative Purchaser
In a case successfully prosecuted by Adam Leitman Bailey, P.C., a foreign national who had her application for ownership in a tiny cooperative apartment building rejected now stands to recover a substantial down payment with nine (9) percent interest from the date of the rejection. The owner of the unit claimed that the prospective tenant had sabotaged the interview because she had changed her mind about buying the unit because of some ambiguity as to who could occupy the apartment. ...
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These successes have led to the firm’s recognition as a leader in real estate law and resulted in the firm receiving prestigious awards given to New York real estate attorneys. Adam Leitman Bailey, P.C. is the only New York real estate litigation law firm with under 30 attorneys to receive the Leading Real Estate Lawyer honors from Chambers USA, the highest rating from Martindale-Hubbell, AV, Super Lawyers honors, Best Lawyers, Best Law Firms and selection into the Bar Registry of Preeminent Lawyers as well as the American College of Real Estate Lawyers.
One of the foundations of the Appellate Bureau’s successes comes from the fact that its attorneys have written some 80 books on landlord-tenant law, including encyclopedias and the Housing Court Reporter, a twenty-five year collection, organization, and analysis of over 60,000 landlord-tenant cases used by most regular housing court practitioners and all landlord-tenant judges. Furthermore, two of these attorneys have been tapped for the annual lectures to the judges and chambers of the Appellate Terms of the First and Second Judicial Departments at their annual seminar as well as to housing court judges.
This record of achievement has made the Adam Leitman Bailey, P.C. Appellate Bureau the law firm of choice for all appeals.