Adam Leitman Bailey’s Blog
Adam Leitman Bailey’s Blog
Demolition: One of the Last Ways to Deregulate a Building
With the June 2019 passage of the Housing Stability and Tenant Protection Act (HSTPA), owners are desperately seeking ways out of rent regulation in an attempt to recapture the profitability their [...]
The Surfside Condo Collapse: Lessons for New York
The disastrous condo collapse in Surfside, Florida of the 40-year-old Champlain Towers South condominium tower should set off alarm bells in New York City, wherein it is estimated there presently [...]
Terminating An Easement in 2021
On July 1st, Governor Cuomo signed a bill allowing the implementation of a new method of protecting land after the Town of Guilderland was granted the power to dole out [...]
The Evolving Burden of Proof for Foreclosure Judgments
Judgments of foreclosure and sale granted in favor of lenders are being reversed. This article highlights the underdiscussed expanded burden now imposed by the Second Department that lenders must satisfy [...]
Under Regina, Just What Is Fraud?
INTRODUCTION The most talked about recent case in the real estate industry is Regina Metro v. DHCR (2020). In it, New York’s highest court, the Court of Appeals, set bright [...]
Development—Court Grants Petitioner License to Temporarily Enter Adjacent Property To Facilitate Construction of Petitioner’s Construction Project Pursuant to Real Property Actions and Proceedings Law §881, Subject to Terms and Conditions
The court granted the petitioner’s property owner a license, pursuant to Real Property Actions and Proceedings Law (RPAPL) §881, “to enter upon a portion of the land of respondent (adjacent [...]
