John M. Desiderio

About

About John M. Desiderio

John M. Desiderio, Partner and Chair of Adam Leitman Bailey, P.C.’s Real Estate Litigation Practice Group, has been a practicing attorney in New York City for over forty years. His practice is concentrated in cooperative/condominium representation, real estate litigation, title litigation, mortgage foreclosures, and antitrust and trade regulation.

John M. Desiderio is rated by Martindale-Hubbell as “AV Preeminent” signifying the “Highest Possible Rating in Both Legal Ability and Ethical Standards.” Mr. Desiderio has been rated “AV Preeminent” by Martindale-Hubbell for over 30 years and has been named Super Lawyer by Law & Politics magazine.

Mr. Desiderio received his A.B. degree from Fordham College in 1963, an LL.B. degree from the University of Pennsylvania Law School in 1966, and an LL.M. degree from New York University School of Law in 1969. He served as a Captain in U.S. Army Intelligence from 1966 to 1968.

He has extensive experience in conducting and defending depositions and in conducting trials and arguing appeals in both New York State and federal courts.

Mr. Desiderio has extensive litigation experience in representing both landlords and tenants in commercial and residential real estate litigation. His cases in this area have involved issues relating to ownership of title to property, the right to enforce contracts of sale, landlord obligations to furnish habitable dwellings, tenant obligations to meet conditions of their tenancy, and the applicability of common law and statutory warranties to newly constructed or converted condominium and cooperative apartments. Mr. Desiderio also leads the firm’s American With Disabilities Act Defense practice.

Mr. Desiderio’s reported cases include:

  • Million Gold Realty Co. v. SE&K Corp., 4 AD3d 196, 772 NYS2d 271 (1st Dept. 2004).
  • Nutritional Health Alliance v. Food and Drug Administration, 318 F3d 92 (2d Cir.2003)
  • Anthony Gangi v. Solgar Co., Inc., 267 AD2d 350, 699 NYS2d 922 (2d Dept. 1999)
  • Alleghany Pharmacal Corporation, et al v. Parbel of Florida, Inc., 226 AD2d 104, 640 NYS2d 507 (1st Dept. 1996)
  • Shulton, Inc. v. Optel Corporation, et al, 698 F. Supp. 61 (D.N.J. 1988)
  • Frank Saltz & Sons, Inc. v. Hart Schaffner & Marx, 1985-2 Trade Cas. (CCH) 66,768 (S.D.N.Y. 1985)

From 1969 to 1980, Mr. Desiderio was an Assistant New York State Attorney General under Attorneys General Louis Lefkowitz and Robert Abrams, and from 1972 to 1980 he served as Chief of the Attorney General’s Anti-Monopolies (now Antitrust) Bureau.

Mr. Desiderio entered private practice in 1981 and represented clients in antitrust, RICO, real estate, and general civil litigation. From 1989 to February 1999, he was a member of a prestigious litigation law firm.

Mr. Desiderio has been appointed to the Departmental Disciplinary Committee of the First Department of the Appellate Division of the New York State Supreme Court. He will serve for a period of three years through December 31, 2016.

Published Articles

Published Articles

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Press Mentions

Press Mentions

Adam Leitman Bailey, P.C. Wins Judgment for Small NY Brokerage After Years-Long Cour...
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Q&A: The Right to Know Who the Board Members Are
READ MORE Condominium & Cooperative Representation
Fashion Retailer Threatens Buyer’s Suit over Exaggerated Claims of Square Footage
READ MORE Real Estate Brokerage Litigation
Deciding the Fate of a Beloved Tree
READ MORE Condominium & Cooperative Representation
Adverse Possession Claim Dismissed
READ MORE Real Estate Litigation
Sixteen Trump Soho Buyers Rebel Over ‘Fraud’
READ MORE Homeowner and Tenant Associations
Occupy Spring St.: Trump SoHo to Give 90% Refunds on Deposits
READ MORE Homeowner and Tenant Associations
Trump Soho Developers Settle Fraud Suit, Give Buyers 90% Refunds
READ MORE Homeowner and Tenant Associations
Big Ticket | Splendid Views Sans Noise, Sold for $13 Million
READ MORE Purchase & Sale of Homes
Platinum Properties, SNR Denton Sued Over $13M Apt. Buy
READ MORE Real Estate Brokerage Litigation
Unhappy Trump Soho Buyers Will Get 90 Percent Refunds
READ MORE Homeowner and Tenant Associations
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Letters of Reference

Letters of Reference

“Tears in my eyes as I thank God for you and your staff.”
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“We were literally saved by Adam and his team.”
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“We are finally at the point in time when I can say thank you so much for your...
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“By doing all your homework in advance, you foreclosed any possibility of leng...
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“Whatever success the Department had could only have been achieved through the...
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Case Studies

Case Studies

Avoiding Litigation, Adam Leitman Bailey, P.C. Attorneys Persuade Seller-Sponsor to ...
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Adam Leitman Bailey, P.C. Successfully Defends Noise Nuisance Litigation, Compels Pl...
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ALBPC Obtains Condo Deposit Refunds for Two Clients Totaling Over $10 Million, Inclu...
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ALBPC Wins $1.2 Million Judgment on Behalf of Small Brokerage Firm, Wins on Appeal, ...
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Adam Leitman Bailey, P.C. Successfully Defends Condominium Board’s Claims for ...
READ MORE Condominium & Cooperative Board & Building Representation
Adam Leitman Bailey, P.C., Saves Family Business by Uncovering and Demonstrating tha...
READ MORE Title Insurance Claims Group
Trump Soho Association v Bayrock/Sapir Organization LLC
READ MORE Homeowner and Tenant Associations
Hartman v Goldman – Adverse Possession
READ MORE Appellate Litigation
Adam Leitman Bailey, P.C. Turns Down The Noise In Epic Battle To Do Justice For Fami...
READ MORE Condominium & Cooperative Litigation
Adam Leitman Bailey, P.C. Obtains Winning Settlement Against Greedy Coop Board
READ MORE Condominium & Cooperative Owner & Shareholder Representation
Adam Leitman Bailey, P.C. Achieves Settlement for Condominium Board Against One of N...
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Adam Leitman Bailey, P.C. Successfully Secures An Order Dismissing A Meritless Actio...
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Headlines

Headlines

Adam Leitman Bailey, P.C. Prevails at the Appellate Division in Adverse Possession C...
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Julie Collins Client Testimonial
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Published Decisions

Published Decisions

Collins v. 620 West End LLC Published Decision
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Caton Court Condominium v Caton Development Published Decision
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McSweeney v The Board of Directors of Harbour Pointe at Arverne By The Sea Homeowner...
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Butler v. City of Rye Published Decision
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Emanuel Ku v United States Department of Housing And Urban Development Published Dec...
READ MORE Appellate Litigation
Adam Leitman Bailey, P.C. Achieves Winning Settlement On Behalf Of Coop Sellers In L...
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McMillan v Village Plaza Homes Published Decision
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Ando, Ltd., Savino Viscoso, and Rita Viscoso v Cool Restuarant Corp., and Donna Scot...
READ MORE Purchase & Sale of Multi-Family Dwellings & Buildings
Giovanni Indomenicio v 123 Washington, LLC Published Decision
READ MORE Condominium & Cooperative Representation
Hartman v Goldman Published Decision
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Baez v Ende Realty Corp. Published Decision
READ MORE Foreclosure Litigation Group
Bridge Street Homeowners Association v Brick Condominium Developers Published Decisi...
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Speaking Engagements

Speaking Engagements

Advising Condominiums, Cooperatives and Landlords on Smoking Issues Afflicting Build...
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John M. Desiderio Elected to Board of Governors of the Columbus Citizens Foundation,...
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Syracuse University College of Law: Hot Topics in Real Estate – Building New C...
READ MORE Condominium / Board of Managers / New Construction Representation
Annual Meeting of the Antitrust Section of the New York State Bar Association
READ MORE Mortgage Finance Practice Group
The Plaintiff’s Attorney and Economist: Preparing to Work Together to Prove th...
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NEW YORK REAL ESTATE ATTORNEYS