Digital Commons Network^™

Ditmas Flats Llc V. Perez

All Decisions

In this holdover proceeding based on alleged illegal subletting, the court dismissed the petition due to deficiencies in the predicate notices. The court found the notices vague and conclusory, failing to allege specific facts supporting the claim of illegal subletting as required by the Rent Stabilization Code. As a result, the court granted the tenant's motion to dismiss, striking the proceeding and denying the landlord's motion to strike the tenant's counterclaims.

Dahl V. Prince Holdings 2012, Llc

All Decisions

Tenants sued their landlord for harassment, poor living conditions, and other issues. The court dismissed some parts of their claims but allowed most to proceed, including claims for constructive eviction, trespass, and nuisance. The court also denied the landlord's counterclaims for unpaid rent, finding they depend on the outcome of the tenants' claims about poor conditions. Key legal points: tenants can pursue claims for holdover-nuisance even if they remain in the apartment, and a landlord's counterclaim for unpaid rent may be impacted by the tenant's claims about poor living conditions.

Feltman V. 106th Realty Llc

All Decisions

No abstract provided.

115th Affordable Housing Llc V. Walton

All Decisions

No abstract provided.

Ut Z Units, Llc. V. Washington

All Decisions

No abstract provided.

Voting Rights And The Electoral Process: Resolving Representation Issues Due To Felony Disenfranchisement And Prison Gerrymandering, Andrew Calabrese, Tim Gordon, Tianyi Lu

Fordham Law Voting Rights and Democracy Forum

Felony disenfranchisement and prison gerrymandering distort democratic representation by excluding incarcerated and formerly incarcerated individuals from political participation while artificially inflating representation in prison-hosting districts. In this report, the Fordham Law School Rule of Law Clinic recommends restoring voting rights to individuals with felony convictions once they are released from prison and ending prison-based gerrymandering by counting incarcerated persons with a certain number of years left in their sentences as residents of the districts where they intend to reside after their release, in addition to other reforms to effectively carry out these policies.

Presidential Election Disruptions: Balancing The Rule Of Law And Emergency Response, Jason D'Andrea, Sonia Montejano, Matthew Vaughan

Fordham Law Voting Rights and Democracy Forum

Unexpected disruptions, such as natural disasters and terrorist attacks, could interfere with presidential elections. In this report, the Fordham Law School Rule of Law Clinic advances recommendations for how states should implement the federal law that allows them to extend the time for voting in response to catastrophic events. States should authorize local and state-level officials to trigger extensions, while providing for expedited judicial review of those decisions, whether to grant or deny additional voting time. By dispersing decision-making authority and ensuring prompt judicial oversight, these reforms aim to protect voters’ ability to cast ballots and to guard against the …

Title I Of The Civil Rights Act In Contemporary Voting Rights Litigation, Helen L. Brewer

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

Epic Fail: Harkenrider V. Hochul And New York's 2022 Misadventure In "Independent" Redistricting, Richard Briffault

Fordham Law Voting Rights and Democracy Forum

No abstract provided.

709 East 226 Llc V. Henry

All Decisions

No abstract provided.

Zito V. Camacho

All Decisions

No abstract provided.

Housing Rights Initiative, Inc. V. Elliman

All Decisions

No abstract provided.

Bridging The Ai Inventorship Gap, Jeffrey Wu

Fordham Law Review

In Thaler v. Vidal, the U.S. Court of Appeals for the Federal Circuit ruled that an artificial intelligence (AI) machine cannot be an inventor under patent law. This decision leaves open the question of whether a natural person can be the legal inventor of AI-generated inventions. This is a pressing question because it decides whether AI-generated inventions are patentable, as no patent rights can exist without an inventor.

Scholars have proposed two doctrines that might resolve this question: (1) the doctrine of simultaneous conception and reduction to practice and (2) the doctrine of first to recognize and appreciate. This …

Forum Selection Provisions And The Preclusion Of Derivative Claims Under Section 14(A) Of The Securities Exchange Act: Should Federal Courts Intervene?, Noah P. Mathews

Fordham Law Review

This Note examines whether a forum selection provision in a corporation’s bylaws that requires shareholders to bring derivative claims in the Delaware Court of Chancery is enforceable when invoked by directors to dismiss derivative claims under the Securities Exchange Act (the “Exchange Act”)—claims over which federal courts have exclusive jurisdiction. In Seafarers Pension Plan ex rel. Boeing Co. v. Bradway, the U.S. Court of Appeals for the Seventh Circuit held that enforcing this type of bylaw would violate the act’s antiwaiver provision, which voids any stipulation that allows a person to waive compliance with the act. In Lee ex …

The President's Subjective And Objective Legal Obligations, Shalev Gad Roisman

Fordham Law Review

Congress has granted the President enormous power. This is well known, but how we are to assess the legality of exercises of such power still is not. Put simply, there is no clear framework to understand the legality of presidential exercises of statutory power. Scholars have noticed this and, in response, have largely turned to administrative law for guidance. This turn to administrative law is somewhat intuitive but misguided.

Administrative law is a highly reticulated body of law that has developed over decades to regulate executive branch agencies, not the President. It has focused on legitimizing agency power in the …

One Lenox Llc V. Rivers

All Decisions

No abstract provided.

969 Carroll Assoc., Llc V. Mendes

All Decisions

No abstract provided.

Lozito V. Celtic Park Mgt.

All Decisions

No abstract provided.

Zb Prospect Realty V. Olenick

All Decisions

No abstract provided.

2150 Creston Ave, Llc V. Marte

All Decisions

No abstract provided.

West 173rd Realty Llc V. Lambert

All Decisions

No abstract provided.

89th St. Assoc. 1 Llc V. Fellner

All Decisions

No abstract provided.

Soufer Family Llc V. Sprague

All Decisions

No abstract provided.

Matter Of Tarkington V. New York State Div. Of Hous. & Community Renewal

All Decisions

No abstract provided.

Jval Holding Corp. V. Ruiz

All Decisions

No abstract provided.

23-35 Bridge Street Llc V. Excel Automotive Tech Center, Inc.

All Decisions

The landlord sought reimbursement for costs, disbursements, attorney's fees, and lost market rents after the lease expired, following a previous declaratory judgment. The tenant cross-moved to vacate the trial decision and sought sanctions. The court awarded the landlord costs and disbursements but denied claims for attorney's fees and lost market rents. The tenant's cross-motion to vacate the decision and for sanctions was denied. Key legal points included interpretation of lease provisions and the enforceability of an option to purchase despite late exercise.

Ferreira V. Guillaume

All Decisions

No abstract provided.

Now On Display: In-Line Linking In The Age Of The Server Test, Sonia Autret

Fordham Law Review

In 2007, the U.S. Court of Appeals for the Ninth Circuit adopted a new interpretation of 17 U.S.C. § 106(5), which codifies the display right of the Copyright Act of 1976. In Perfect 10 v. Amazon.com, the Ninth Circuit read § 106(5) to mean that creative works made visible on web pages through in-line linking, an architectural pillar of modern web design, would not infringe on a copyright owner’s display right if the work was not actually copied onto the website’s server. Since its adoption, this approach—known as the Server Test—has been lauded by search engine providers and web …

Don't Pull The Trigger On New York's Concealed Carry Improvement Act: Addressing First And Second Amendment Concerns, Morgan Band

Fordham Law Review

Despite the increasing prevalence of mass shootings in the United States, the U.S. Supreme Court in New York State Rifle & Pistol Ass’n, Inc. v. Bruen struck down a 100-year-old New York statute that had restricted access to concealed carry permits. The statute had required applicants to demonstrate a “proper cause” for needing a concealed carry permit. But even if an applicant made the necessary showing, licensing officials retained discretion under the statute to decline to issue a permit. In striking down the statute, the Court distinguished between “may-issue” jurisdictions, such as New York, which give licensing officials discretion in …

License & (Gender) Registration, Please: A First Amendment Argument Against Compelled Driver's License Gender Markers, Lexi Meyer

Fordham Law Review

For as long as the United States has issued drivers’ licenses, licenses have indicated the holder’s gender in one form or another. Because drivers’ licenses are issued at the state level, states retain the authority to regulate the procedures for amending them. In some states, regulations include requirements that a transgender person undergo gender confirmation surgery before they can amend the gender marker on their driver’s license. Because many transgender people neither desire nor can afford gender confirmation surgery, these laws effectively preclude such people from obtaining gender-accurate identification. In doing so, these laws implicate multiple constitutional rights.

Lower courts …