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Making New Law

Adam Leitman Bailey, P.C. Makes New Law

As one of New York’s premier real estate litigation firms, Adam Leitman Bailey, P.C. often breaks barriers and sets new law in order to win cases. The firm’s attorneys have won over a thousand cases in the courts of New York, 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 victories include:

  • New York City apartment buildings
    5 momentous NYC legal battles that changed what it means to own an apartment

    5 momentous NYC legal battles that changed what it means to own an apartment

    Brick Underground

    Owning a co-op or a condo sometimes feels like living with endless constrictions, from the seemingly limitless power of co-op boards to the specificity of condo contracts. They’re the product of dramatic legal disputes between buyers, board members, developers and other real estate players that have shaped the way we live in these buildings now. Here, five influential courtroom showdowns in recent history–and what they mean for you.​​​​​ 4. The ILSA cases: A technicality can get you out of a condo contract Another group of...

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  • Photo of buildings in Manhattan
    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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  • Photo of New York City apartment buildings
    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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  • Madison square park
    Adam Leitman Bailey, P.C. Prevails: Court Rules That Board of Managers Has No Duty to Repair Owners’ Unit

    Adam Leitman Bailey, P.C. Prevails: Court Rules That Board of Managers Has No Duty to Repair Owners’ Unit

    by Scott E. Mollen Condominiums—Construction Defects—Suit Against Sponsor, Board and Manager—Alteration Agreements—Res Judicata A DEFENDANT CONDOMINIUM board of managers (board), individual board members and a defendant management company (manager), moved to dismiss a complaint pursuant to CPLR 3211(a)(1); (5) and (7). The board and individual board member defendants also sought costs, sanctions and attorney fees. The plaintiff opposed the motions and cross-moved for sanctions against the defendants and their counsel and for attorney fees. This action is “the latest in...

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  • Making New Law, Adam Leitman Bailey, P.C. Obtains a Victory for Homeowners Association

    Making New Law, Adam Leitman Bailey, P.C. Obtains a Victory for Homeowners Association

    In this case, certain objecting association members sought a preliminary injunction to prevent the association from expending funds to retain attorneys and engineers to investigate and prosecute construction defects litigation. Adam Leitman Bailey, P.C., defeated the motion. Siding with the firm’s argument, the Supreme Court in Queens County found that “the Board has plausibly argued that the applicability of [New York’s Condominium Act] should be extended to Homeowner’s Associations.” The court also sided with the firm’s argument that it would...

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  • Photo of New York City buildings
    Adam Leitman Bailey, P.C. Makes New Law by Holding Developer Personally Liable for Construction Defects in Newly Constructed Building

    Adam Leitman Bailey, P.C. Makes New Law by Holding Developer Personally Liable for Construction Defects in Newly Constructed Building

    A recent decision from the Kings County Commercial Division has upheld contract, warranty, and veil-piercing claims alleged against a condominium sponsor and its principal for construction defects. In this action, the board of managers, represented by Adam Leitman Bailey, P.C. seeks to recover damages from the condominium sponsor and its principals for various construction defects, including lack of fire stopping and defects in the window wall system that have allowed significant water infiltration into the building and units. The sponsor...

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  • Photo of New York City building
    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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  • 50 Madison Avenue Preview Image
    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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  • 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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  • 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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