Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (5366)
- International Law (488)
- Intellectual Property Law (418)
- Criminal Law (253)
- Constitutional Law (229)
-
- Entertainment, Arts, and Sports Law (199)
- Business Organizations Law (182)
- Banking and Finance Law (154)
- Civil Rights and Discrimination (122)
- Legal Ethics and Professional Responsibility (98)
- Environmental Law (97)
- Courts (93)
- Law and Society (91)
- Judges (81)
- Administrative Law (76)
- State and Local Government Law (67)
- Business (62)
- Criminal Procedure (62)
- Legislation (62)
- Law and Politics (60)
- Securities Law (60)
- Supreme Court of the United States (58)
- Antitrust and Trade Regulation (56)
- Legal History (55)
- Civil Procedure (53)
- Legal Profession (53)
- Accounting Law (51)
- Jurisprudence (50)
- Labor and Employment Law (50)
- Litigation (50)
- Keyword
-
- Ethics (148)
- Constitution (94)
- Antitrust (70)
- Fordham Law Student Newspaper (70)
- Constitutional law (69)
-
- Copyright (67)
- Criminal law (64)
- Regulation (62)
- Securities (62)
- Privacy (56)
- Evidence (54)
- First Amendment (54)
- Tax (54)
- Constitutional Law (51)
- New York (49)
- Originalism (48)
- Religion (48)
- Property (47)
- Bankruptcy (46)
- Justice (44)
- Law (43)
- Litigation (42)
- Race (42)
- Discrimination (41)
- SEC (41)
- First amendment (39)
- Fraud (39)
- Patent (39)
- Professional responsibility (39)
- Supreme Court (39)
- Publication Year
- Publication
-
- Fordham Law Review (2421)
- Parole Administrative Appeal Decisions (1233)
- Fordham Urban Law Journal (903)
- All Decisions (784)
- Faculty Scholarship (648)
-
- Fordham International Law Journal (605)
- Decisions in Art. 78 Proceedings (360)
- Fordham Intellectual Property, Media and Entertainment Law Journal (350)
- Fordham Journal of Corporate & Financial Law (217)
- Parole Interview Transcripts and Decisions (198)
- Fordham Environmental Law Review (169)
- The Advocate (74)
- COMPAS Risk Assessments (58)
- Fordham Law Review Online (47)
- Art. 78 Petitions (37)
- Law School Bulletins 1905-2000 (36)
- Art. 78 Responses (29)
- Parole Administrative Appeal Briefs (28)
- Parole Board Reports (28)
- 27th Annual Intellectual Property Law & Policy Conference (2019) (24)
- 28th Annual Intellectual Property Law & Policy Conference (2021) (20)
- Reports (19)
- Fordham Law Voting Rights and Democracy Forum (18)
- Fordham Lawyer (18)
- 29th Annual Intellectual Property Law & Policy Conference (2022) (17)
- Congressional Materials (16)
- Faculty Bibliography (15)
- Fordham Competition Law Institute (14)
- Amicus Briefs (13)
- Res Gestae (13)
- Publication Type
- File Type
Articles 271 - 300 of 8566
Full-Text Articles in Entire DC Network
Department Of Hous. Preserv. & Dev. Of The City Of N.Y. V. 2647 Broadway Apts Llc
Department Of Hous. Preserv. & Dev. Of The City Of N.Y. V. 2647 Broadway Apts Llc
All Decisions
The court imposed massive civil penalties of $2,124,845 against the landlord and its principals for their failure to correct 148 open housing violations and for harassing tenants. The landlord failed to comply with multiple court orders to fix the conditions and to participate in pre-trial discovery, and the court found its defenses to be without merit. The court relied on the DHPD website as prima facie evidence of the violations' continued existence. The judgment was entered as a lien against the building. The petition was dismissed against three of the named respondents who were found to have no legal connection …
Olr Mm, Lp V. Larue
All Decisions
The court granted the tenant's motion to dismiss the landlord's holdover petition for failure to complete annual recertification. The court found that the petition was fatally defective because it failed to plead the full rent regulatory status of the tenancy. Specifically, it omitted the existence of a regulatory agreement between the landlord and HPD, which governs the tenancy and affects the tenant's rights. The court held that this omission, which deprived the court of an understanding of the entire regulatory framework, was not a mere technicality and warranted dismissal.
1770 Tpt Llc V. Jackman
All Decisions
In this licensee holdover, the landlord sought to subpoena HRA for a deceased tenant's APS records to disprove the tenant's co-residency for a succession claim. HRA moved to quash, arguing the subpoena was procedurally defective for lack of a motion and personal service, and that the records were confidential. The court granted the motion to quash the original subpoena but, over HRA's objection on confidentiality, allowed a new subpoena to be served correctly. The court limited the scope of the new subpoena to a two-year window and issued a protective order to prevent embarrassment and abuse, balancing the need for …
430 Amsteram Partners Llc V. Nguyen
430 Amsteram Partners Llc V. Nguyen
All Decisions
The landlord moved for summary judgment in a nonpayment case. The court denied the motion, finding issues of fact regarding the apartment's rent-stabilized status, which the landlord claimed was deregulated due to high-rent decontrol. The court ruled that the tenant was not estopped from challenging the deregulation, despite having a pending overcharge claim at DHCR. The court also invalidated an out-of-court agreement where the tenant's attorney acknowledged deregulation, citing that any agreement waiving Rent Stabilization Law (RSL) benefits is void. The landlord's contradictory lease submissions further raised factual questions, warranting a trial.
489 Mm Realty Llc V. Zelaya
All Decisions
The court dismissed the landlord's holdover petition because the predicate notice was improperly served. The affidavit of service stated it was personally served on "Albert Zelaya," but the notice was actually delivered to "Albert Zelaya Jr." Citing the **strict compliance** standard for personal service, the court found the name discrepancy was a fatal defect. The landlord's cross-motion to amend the affidavit was denied because it was not supported by an affidavit from someone with personal knowledge, nor did the landlord demonstrate that the respondent had attempted to evade service.
Idehen V. Stoute-Phillip
All Decisions
An attorney for the landlord was sanctioned for submitting motion papers that cited numerous non-existent cases, which were determined to be the result of using an AI-based research tool without proper verification. The court found this to be frivolous conduct under 22 NYCRR § 130-1.1, warranting a $1, 000 sanction and a referral to the State of New York Grievance Committee. This decision highlights the legal risks and ethical obligations associated with using artificial intelligence for legal research, emphasizing the duty of an attorney to verify all citations and factual statements. The attorney's subsequent filing of a 94-page document with …
11114 101 Ave Corp. V. Ramlogan
11114 101 Ave Corp. V. Ramlogan
All Decisions
The court denied the tenant's motion to dismiss a holdover case, ruling that the petitioner, a new owner who acquired a foreclosed property, could properly proceed against the former owners as "tenants at sufferance." The tenant argued that no landlord-tenant relationship existed and therefore the case was improperly brought under RPAPL § 711. The court held that a tenancy at sufferance arises when an occupant remains after their possessory interest terminates, and the new owner's service of an RPL § 228 notice was the correct procedure to terminate this tenancy. The landlord's reference to the wrong statute in the petition …
New York City Housing Authority, Red Hook West Houses V. Mercado
New York City Housing Authority, Red Hook West Houses V. Mercado
All Decisions
The court granted a tenant's motion to vacate a final judgment and dismiss the non-payment petition without prejudice. The landlord, a housing authority, failed to use the mandatory Notice of Petition form prescribed by court rules, which resulted in a defective notice. The court found this was not a minor error but caused prejudice to the pro se tenant, as it omitted crucial information about available legal and financial resources. As a result, the final judgment and warrant of eviction were vacated, and the case was dismissed.
Webgold Properties, Llc V. Sans
Webgold Properties, Llc V. Sans
All Decisions
In a nonpayment case, the court dismissed the landlord's petition without prejudice due to a "defective rent demand" containing a substantial discrepancy in the amount owed, approximately 25%. The court also granted the tenant's motion for an order to correct, compelling the landlord to address issues with the apartment. The decision serves as an example of effective legal strategy by a tenant who successfully moved to both dismiss the case and compel repairs.
Gomez V. Yang Llc
All Decisions
The court reversed a Civil Court order regarding the calculation of attorneys' fees in an HP action. The lower court awarded fees based on the rates for 18-b assigned counsel, but the Appellate Term held that legal services organizations are entitled to fees based on the prevailing market rate in the community, regardless of their nonprofit status. The case was remitted to the lower court for a new hearing to determine a reasonable fee award based on the correct standard, citing precedent that nonprofit counsel should be valued the same as private attorneys.
Allerville Arms Owners Corp V. Gjelil
Allerville Arms Owners Corp V. Gjelil
All Decisions
The court denied the former tenant's motion to vacate a judgment for use and occupancy. The pro se tenant, a former superintendent, had a trial and lost, then moved out. After retaining counsel, he sought to "renew/reargue" the $3, 500/month U&O award. The court treated the motion as an untimely request to set aside a judgment under CPLR 4404(b). It found the tenant offered no "good cause" for his two-month delay and failed to provide sufficient evidence to challenge the U&O amount. The tenant's claims of poor conditions and improper termination were deemed to belong in a separate court.
Haljamar Realty Corp. V. Mizrachi
Haljamar Realty Corp. V. Mizrachi
All Decisions
In this nonpayment case, the court awarded the tenants a substantial rent abatement of over $76, 000 for the landlord's breach of the warranty of habitability. The tenants successfully proved the existence of numerous conditions, including leaks, mold, and defective surfaces, using HPD violations and trial testimony. While the landlord was granted a final money judgment for the remaining arrears, the court significantly reduced the amount owed. The decision underscores the importance of a fact-based defense in abatement cases to meet the preponderance of the evidence standard.
Central Astoria, Llc V. Choudhury
Central Astoria, Llc V. Choudhury
All Decisions
In this nonpayment case, the court granted the tenant's motion to amend her answer to include a succession claim and challenge the legal rent. The court found the amendment should be freely granted as it wouldn't prejudice the landlord. However, the court denied the tenant's motion for summary judgment, holding that a rent overcharge claim is not a standalone defense in a nonpayment proceeding until succession rights are established. The case was accordingly set for trial to first determine the succession issue.
221 Irving Ave., Llc V. Moposita
221 Irving Ave., Llc V. Moposita
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
221 Irving Ave., Llc V. Yanez
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
Bsc Owner Llc V. Holley
All Decisions
The court granted the tenant's motion to dismiss a nonpayment case because the landlord could not produce a valid lease for the period in which the alleged arrears accrued. The landlord's argument that a "HUD Model Lease" provided for a perpetual lease was rejected by the court, which found that the rental amount changing from year to year made the lease indefinite on a material term. Consequently, with no lease in effect for the relevant time, the landlord could not maintain the nonpayment proceeding.
221 Irving Ave., Llc V. Chasi
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
221 Irving Ave., Llc V. Chulco
221 Irving Ave., Llc V. Chulco
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
221 Irving Ave., Llc V. Quinapanta
221 Irving Ave., Llc V. Quinapanta
All Decisions
The Appellate Term affirmed the dismissal of five holdover proceedings. The court held that the landlord's building, originally containing five residential units, became subject to rent stabilization after a commercial tenant created a sixth residential unit in the basement. Based on witness testimony regarding the basement's residential use, the court found sufficient indicia of permanency to qualify the space as a housing accommodation. As the landlord failed to serve the required rent stabilization notices, the court affirmed the judgments in favor of the tenants.
265 E. 66th Llc V. Silber
All Decisions
A landlord's motion to amend its non-payment petition was granted, and the tenant's motion to dismiss was denied. The court allowed the landlord to amend its pleading to remove claims for rent not included in the predicate rent demand. It also ruled that a minor misspelling of the landlord's name on the lease was a de minimus error that did not deprive the landlord of standing to bring the action.
162-164 East 82nd Apts Llc V. Garrido
162-164 East 82nd Apts Llc V. Garrido
All Decisions
The tenant moved for partial summary judgment on a laches defense in a non-payment proceeding, seeking to preclude a possessory judgment for arrears from 2020 to January 2023. The court found that the landlord's four-year delay in bringing the case was unexplained and that the landlord failed to provide proof of prior notice to the tenant for the arrears. The court also recognized prejudice to the tenant, a long-term resident, who would be unable to pay the large sum. Accordingly, the court granted the motion, barring the landlord from seeking a possessory judgment for any arrears before November 2022, but …
253 Holdings Inc. V. Jones
All Decisions
The tenant's motion to amend the answer and dismiss the nonpayment proceeding was granted. The court found the landlord failed to comply with the Williams Consent Decree by omitting NYCHA's objection from pleadings and improper service. The tenant's breach of warranty of habitability counterclaim for an abatement was granted a hearing, while the order to correct counterclaim was held in abeyance. The proceeding was dismissed without prejudice due to the landlord's non-compliance, allowing the tenant to pursue her counterclaims.
Harvey V. Miller Ave. Group, Llc
Harvey V. Miller Ave. Group, Llc
All Decisions
In this HP action, the Appellate Term reversed a lower court's decision, holding that HPD, as a properly named party, has standing to move for civil and criminal contempt and civil penalties against the landlord. The lower court had incorrectly deemed HPD a "nominal party." The appellate court clarified that an HP proceeding is part of a broad statutory enforcement mechanism, not just a landlord-tenant dispute, and HPD is an "interested party" with the primary responsibility for enforcing housing standards. The case was remitted to the Civil Court to determine the motion on its merits.
Burrows V. 75-25 153rd St., Llc
Burrows V. 75-25 153rd St., Llc
All Decisions
The Appellate Division affirmed the denial of a landlord's motion to dismiss a putative class action for rent overcharges. The court permitted examination of rent history beyond the four-year lookback period due to allegations of improper use of preferential rents to inflate registered legal rents in a 421-a building. It also found the complaint adequately alleged that a rent concession was a disguised preferential rent, allowing this claim and declaratory relief to proceed to discovery.
1616 President St. Assoc. Llc V. Edwards
1616 President St. Assoc. Llc V. Edwards
All Decisions
A landlord sought to reargue a prior order granting a tenant a 100% rent abatement for rent-impairing violations under MDL § 302-a, arguing the abatement period should not extend beyond the rent sought in the unamended petition. The court denied the motion, distinguishing a prior Appellate Term decision (1616 President Street Associates, LLC v. Ann Marie Ackie, 84 Misc 3d 128(A) [App Term, 2d Dept])concerning rent deposit requirements from the court's authority to grant a full abatement on the merits. The court affirmed that MDL § 302-a permits a 100% abatement for the entire period a rent-impairing violation remains uncorrected …
Matter Of Karpen V. Andrade
All Decisions
In a holdover proceeding, the court addressed the retroactivity of the Housing Stability and Tenant Protection Act of 2019 (HSTPA)'s "personal use" exception, which limits landlords to recovering one unit and requires "immediate and compelling necessity." The Appellate Division held that where a landlord had not obtained a judgment of possession prior to HSTPA's enactment, the new law applies. This reversed the Appellate Term and affirmed the Civil Court's dismissal, finding no impermissible retroactive effect since the landlord had no vested right to multiple units.
Matter Of Hudson Val. Prop. Owners Assn. Inc. V. City Of Kingston
Matter Of Hudson Val. Prop. Owners Assn. Inc. V. City Of Kingston
All Decisions
The Court of Appeals affirmed the City of Kingston's declaration of a housing emergency and its opt-in to the ETPA, rejecting the property owners' challenge to the vacancy study's methodology as insufficiently proven unreliable. The Court also upheld the Kingston Rent Guidelines Board's "fair market rent" guideline and rent adjustment guideline, finding no impermissible retroactivity under *Regina Metro.* The petitioners' claims regarding the 15% rent reduction were not preserved for appeal. This landmark decision clarifies municipal authority to implement rent stabilization under HSTPA.
Munjal V. Ziebke
All Decisions
A landlord's holdover petition was dismissed because it failed to properly plead the Good Cause Eviction Law (GCEL) status of the premises. The landlord attempted to amend the petition to claim a "small landlord" exemption, but the proposed amendment was deemed conclusory and lacked specific details required by RPAPL § 741(5-b) and RPL § 214(1), such as the names of all owners, the number of units they own statewide, and their addresses (excluding principal residences). The court held that proper pleading of the GCEL exemption is an essential element of a landlord's prima facie case.
Matter Of Stuyvesant Town-Peter Cooper Vil. Tenants Assn. V. New York State Div. Of Hous. & Community Renewal
All Decisions
In this Article 78 proceeding, the court reversed a Supreme Court decision that had annulled DHCR's approval of the landlord's applications for rent increases based on Major Capital Improvements (MCIs). The court found that DHCR's interpretation of its own regulations concerning the timeliness of the MCI applications for large-scale projects and the sufficiency of proof that the work was both necessary and comprehensive was rational and entitled to judicial deference. The court upheld DHCR's determination, thereby allowing the landlord to proceed with the rent increases.
Concord Ave Assoc Lp, V. Timotheus Whaley Sr
Concord Ave Assoc Lp, V. Timotheus Whaley Sr
All Decisions
In a nonpayment proceeding, the tenant successfully moved to vacate a pro se stipulation of settlement and subsequent order, and to dismiss the case. The court found good cause to vacate the stipulation because the tenant, unrepresented, improvidently entered into an agreement waiving viable defenses, particularly breach of warranty of habitability and the landlord's failure to properly plead the tenancy's regulatory status as a HOME TBRA recipient. The landlord's non-compliance with the HOME TBRA program, including failure to renew the Rental Assistance Contract and unapproved rent increases, meant the arrears claimed were inflated and not solely due to tenant's nonpayment, …