Digital Commons Network^™

Pan V. Chen

All Decisions

The tenant initiated an HP proceeding alleging harassment and seeking correction of violations, which the Civil Court dismissed after a nonjury trial, determining that the incidents did not constitute harassment and the tenant's actions contributed to the hostile environment. The Appellate Term affirmed this final judgment, emphasizing that substantial deference is owed to the trial court's credibility findings and that the Civil Court's determination was adequately supported by the record. The appellate court found no basis to disturb the lower court's dismissal of the tenant's petition.

Gray V Diamond Property Management

All Decisions

In this HP proceeding, a tenant, a co-op shareholder, sought an order compelling the landlord (managing agent) to correct Housing Maintenance Code violations for lack of electricity and water leaks. The landlord moved to dismiss, arguing the proprietary lease assigned repair responsibility for interior conditions to the tenant. The court denied the landlord's motion, holding that cooperative corporations and their agents have a non-delegable statutory duty to correct health and safety violations, irrespective of the proprietary lease. The court also found the landlord failed to conclusively prove the violations did not originate from outside the unit, and ordered the landlord …

Southgate Owners Corp. V. Esposito

All Decisions

The Appellate Division affirmed the Supreme Court's dismissal of a cooperative landlord's action seeking to retroactively collect 30 years of maintenance fees for additional shares allocated to a tenant. The court found that the proprietary lease's plain language only allowed maintenance collection from the date of issuance, not retroactively. The landlord's claim was also time-barred. Additionally, the court affirmed the grant of attorneys' fees to the tenant under the proprietary lease's reciprocal provision, Real Property Law § 234, because the tenant successfully defended the action to enforce purported obligations.

Chv 690-738 Albany Avenue Lp. V. Kandil, Ali-Abdelqader

All Decisions

The undertenant, claiming domestic violence victim status and an informal marriage to the primary tenant in a Section 8 rent-stabilized unit, moved to dismiss a holdover proceeding, citing improper VAWA and CARES Act notices. The court denied the motion, ruling the undertenant lacked standing to assert VAWA defenses due to failure to establish a colorable claim to succession rights. The court further held that VAWA protections apply only to applicants and tenants, not occupants, and the CARES Act’s 30-day notice provision is for nonpayment, not holdover, proceedings. The undertenant was granted leave to file an answer.

West Side Marquis Llc V Lombard

All Decisions

In this nonpayment proceeding, the landlord moved to strike the tenant's affirmative defenses and counterclaims, and the tenant cross-moved to amend their answer. The court partially granted the landlord's motion, dismissing some defenses (personal jurisdiction for petition, breach of prior stipulation) and several counterclaims (duplicative, tort claims outside jurisdiction). However, defenses challenging predicate notice service, validity of rent, retaliatory eviction, harassment, and warranty of habitability were sustained. The tenant's cross-motion to amend the answer to add rent overcharge defenses and a counterclaim, challenging the legal rent history and a prior agreement, was granted, finding them not devoid of merit.

Dept. Of Hous. Preserv. & Dev. V. 724 40th St Llc

All Decisions

Court granted petitioner-landlord's motion to dismiss HP proceeding seeking emergency access to perform lead paint repairs, finding it illogical to issue an HPD access order where the apartment was vacant and the landlord credibly testified it would perform repairs independently. Court found that the HPD bidding process would likely be more costly and time-consuming than repairs performed directly by the landlord.

1304 Polite Realty Llc V. Luna

All Decisions

In this nonpayment proceeding involving a rent-stabilized apartment, court grants landlord's motion to reargue and adheres to its prior decision ordering discovery. Though landlord's motion was filed more than 30 days after service of the notice of entry, court exercises discretion to hear it, finding no prejudice to tenant. On the merits, court upholds its prior discovery order requiring landlord to produce rent registration history, citing unexplained increases — including a jump from $559.07 to $1,300 attributed only to a vacancy lease — and a longevity increase lacking documentation.

Collar Correction For Lenity: Modifying The Rule Of Lenity To Promote More Equitable Application To White-Collar And Blue-Collar Defendants, Brennan Corriston

Fordham Law Review Online

Centuries ago in England, when most crimes were punishable by death, judges—aware of the unfairness of this system—construed penal statutes narrowly. This was “to stem the march to the gallows” and to protect citizens from this overly harsh regime. From these harsh origins arose the rule of lenity, which instructs that when the scope of a criminal statute is ambiguous, courts should select the less harsh—i.e., more lenient—interpretation of the statute. This principle can serve constitutional functions: lenity safeguards due process by ensuring that the public has fair notice about the reach of criminal laws, and it safeguards separation of …

Taking The Profit Out Of War: Why International Law Requires Restitution Of Nazi-Looted Art, Raymond J. Dowd

Fordham Law Review Online

No abstract provided.

Winging It: Convergence, Convivencia, And Belonging Of Latina Lawyers, Verónica C. Gonzales

Fordham Law Review

No abstract provided.

Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe

Fordham Law Review

No abstract provided.

“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel

Fordham Law Review

No abstract provided.

"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz

Fordham Law Review

Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …

Socializing The Rule 2.1 Lawyer-Advisor, Casey E. Faucon

Fordham Law Review

No abstract provided.

Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera

Fordham Law Review

No abstract provided.

Art. 78 Contempt Decision - Ruzas, John E. (2017-10-18)

Article 78 Contempt Decisions

No abstract provided.

Decision In Art. 78 Proceeding - Howard, Kevin (2026-02-06)

Decisions in Art. 78 Proceedings

No abstract provided.

“The Needs Of The Many Outweigh The Needs Of The Few”: A Plan For A New Farm Bill That Promotes The Health And Welfare Of Humans And Nonhuman Animals, And Protects The Planet On Which We Live., John Lieberman

Fordham Environmental Law Review

The Farm Bill was created in 1933, with the passage of the Agricultural Adjustment Act. The Bill was part of President Franklin D. Roosevelt’s New Deal, designed to assist farmers struggling with low prices during the Great Depression and Dust Bowl era. Thus the era of the farm subsidy was born. Crafted in a different time, with technology, knowledge, science and an economy that today would be considered obsolete, the basic mechanisms, and financial support, have nevertheless lived on.

The myriad of problems that have arisen since that time within an agriculture industry that has flourished on the taxpayer dime …

Regalado V. Hughes Avenue Corp. And The Department Of Housing Preservation And Development Of The City Of New York

All Decisions

In this HP proceeding, the tenant moved for civil contempt and civil penalties against the landlord for failing to comply with a consent order to correct HPD violations, including those for mold and lead-based paint. The court granted the tenant's motion, finding the landlord in civil contempt for non-compliance with the order. The landlord's arguments, including a vague superintendent's affirmation and an unauthenticated D.H.P.D. repair bill, were insufficient to rebut the presumption that violations persisted. The court imposed a $350 per day fine, payable to the tenant, until outstanding "C" and "B" violations are corrected, and referred the calculation of …

17 Pennsylvania Avenue Hdfc V. Ventura

All Decisions

In this holdover proceeding concerning an HDFC, the Civil Court of the City of New York granted the tenant's motion for summary judgment, dismissing the case. The landlord sought to evict the long-term tenant, alleging good cause based on consistent failure to pay rent. However, after applying DRIE credits, the landlord's records only showed three months of unpaid rent totaling $1,500 from 2020. The court, citing precedent and emphasizing the affordable housing purpose of HDFCs, found that this minor, unpursued debt from several years prior did not constitute good cause for eviction. The tenant's counterclaim for harassment was severed.

Kong 328 Realty Corp. V. Robinson

All Decisions

Handwritten Opinion. This non-payment proceeding involved a tenant's motion for summary judgment based on rent-impairing violations. The court granted the tenant's motion, finding a rent-impairing violation under MDL § 302-a and awarding a 100% rent abatement for arrears accruing after July 2024. The tenant had properly pleaded the defense and deposited the rent amount, satisfying MDL § 302-a(3)(c). Despite the landlord's self-serving affidavit, HPD violation reports showed the condition remained uncorrected for over six months, warranting the abatement. The tenant's request for attorney's fees was denied as they were not the prevailing party and lacked a lease clause.

Decision In Art. 78 Proceeding - Jiminez, Geral (2023-04-13)

Decisions in Art. 78 Proceedings

No abstract provided.

Administrative Appeal Decision - Morrison, Franklin (2025-06-18)

Parole Administrative Appeal Decisions

No abstract provided.

Pitt Street Lp V. Weatherly

All Decisions

A landlord's non-payment petition was dismissed at trial due to the landlord's failure to present a prima facie case, specifically lacking certified DHCR apartment registration proof. The landlord moved to vacate the dismissal, arguing it could cure the evidentiary defect and requesting an adjournment. The court denied the motion, finding the original dismissal justified, particularly given the unique circumstance of the tenant's incarceration which caused significant effort for their production. Granting an adjournment would have severely prejudiced the tenant, and the court found the landlord's lack of readiness for trial inexcusable.

Avenue A At St Marks Associates, Llc, Avenue A Schneider Partners, Llc V. Badiyi

All Decisions

In this nonpayment proceeding, the tenant moved for dismissal, summary judgment, leave to amend the answer, and to reargue a prior decision. The court denied the motion to reargue as untimely under CPLR § 2221(d)(3). The motion to dismiss or for summary judgment was also denied, finding the landlord sufficiently pleaded the premises' deregulation status and its interest. While the court granted the tenant's request to amend the answer to include failure to state a cause of action and breach of warranty of habitability defenses, it struck the rent overcharge counterclaim and related defense, applying the law of the case …

153 Valentine Llc V Hawkins

All Decisions

In this post-foreclosure holdover, the landlord sought possession of a condominium unit from an occupant who was not a tenant. The landlord acquired title through a referee's deed after a foreclosure sale. The occupant argued the foreclosure was a legal nullity, rendering the landlord's title invalid, and also raised defenses of defective service, retaliatory eviction, and harassment. The court rejected the occupant's standing challenge, finding the foreclosure judgment and deed valid, as the prior court's "nullity" finding was limited and did not vacate the judgment. The court granted the landlord's motion for summary judgment and a judgment of possession, striking …

Carrasquillo V. 303 W. 122nd St. Hous. Dev. Fund Corp.

All Decisions

The Appellate Division affirmed the denial of the tenant's motion for a preliminary injunction to prevent the sale of co-op shares or termination of the proprietary lease. The court found the tenant failed to demonstrate a likelihood of success on the merits, primarily by not proving the landlord breached the warranty of habitability; cited violations were largely corrected, and the tenant denied access for repairs. Furthermore, the notice to cure was deemed valid. As the tenant defaulted on the loan agreement, the landlord was permitted under UCC § 9-610[a] to sell the shares or terminate the lease.

Sg & Sons Realty Llc. V Noman

All Decisions

In a non-payment proceeding, the tenant moved for summary judgment dismissal, asserting the landlord was barred from collecting rent due to an active Department of Buildings violation for occupancy contrary to the certificate of occupancy (CofO). The court granted the tenant's motion, dismissing the petition without prejudice. Citing *Chazon LLC v Maugenest* and Multiple Dwelling Law §§ 301 and 302, the court held that an open CofO violation for any part of a dwelling bars the landlord from recovering rent for the entire premises, even if the tenant's specific unit is not directly implicated.

Consumer Vs. Code: The Future Of Consumer Smart Contracts From Code To Legal Practice, Amir Bushansky

Fordham International Law Journal

This Article evaluates the feasibility of implementing consumer contracts—including standard-form agreements—as smart contracts and assesses their adaptability through the lens of consumer protection law.

Specifically, it examines whether the traditional consumer contract framework can be meaningfully implemented in the form of smart contracts. It further considers whether such implementation necessitates adaptations—both in the technological architecture of the contracts themselves and in the underlying legal framework. By addressing these questions, the Article aims to contribute to a more coherent and forward-looking approach to regulating automated, code-based contracting in consumer markets.

Automated Decision-Making Systems And Black Box Challenges Under European Union Administrative Law, Ilias Bantekas, Venetsiana Bratsiakou

Fordham International Law Journal

Automated Decision-Making (ADM) systems have been increasingly utilized by both private and public entities across the world to reduce errors by humans, increase efficiency, and make more consistent decisions. That is especially true in the case of the European Union. However, significant legal and ethical challenges arise because of ADM systems, subsequently giving rise to questions of compliance with underlying principles of law. This Article analyzes these challenges as they pertain to EU law through the examination of issues of accountability, transparency, and the protection of human rights. Furthermore, the use of ADM systems has been closely regulated by the …