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Board Of Directors For Kings Oak Terrace Coop. Apts. Inc. V Bersh

All Decisions

The landlord, Board of Directors for Kings Oak Terrace Coop. Apts. Inc., commenced a holdover licensee proceeding against the tenant, William Bersh, who was the licensee of the subject premises pursuant to an agreement with the previous shareholder, Sara Bersh. The tenant moved to dismiss the proceeding, arguing that the estate of Sara Bersh was a necessary party. The court agreed, finding that the estate of a deceased tenant is a necessary party to a holdover proceeding unless the lease has been terminated, cancelled, surrendered, or assigned. The court dismissed the proceeding without prejudice.

Cod, Llc V Miras Ljuljdjuraj

All Decisions

The landlord, COD, LLC, commenced a holdover proceeding against the tenant, Miras Ljuljdjuraj, seeking possession of the subject premises on the basis that the tenant's occupancy was incidental to his employment and that the landlord terminated his employment. The court dismissed the proceeding. The tenant then counterclaimed for attorneys' fees. The court denied the landlord's motion to dismiss the counterclaim and subsequently awarded the tenant a judgment for attorneys' fees, finding that the tenant was the prevailing party in the proceeding and that the hourly rates and hours billed by the tenant's counsel were reasonable. The court also awarded the …

208 Evergreen Llc V. Gomez

All Decisions

The landlord initiated a holdover proceeding against the tenant for nonpayment of rent. The tenant defended the proceeding by asserting a general denial, breach of the warranty of habitability, rent overcharge, and constructive eviction. The court granted the tenant's motion to conduct discovery regarding the rent overcharge claim, but only from 2006 forward. The court also denied the landlord's cross-motion for prospective use and occupancy, finding that the tenant had properly interposed defenses which precluded such an award.

Administrative Appeal Decision - Mohammad, Malik (2024-03-25)

Parole Administrative Appeal Decisions

No abstract provided.

State Laws For Administering Presidential Elections: Recommendations And Considerations For Reform, Fordham Law School Rule Of Law Clinic, Seamus Crowley, Molly Johnston, Alexander Paget, William Russell

Rule of Law Clinic

States have a critical role in administering presidential elections, and there are currently a range of emergent challenges that they must confront. In this report, the Fordham Law School Rule of Law Clinic outlines reform recommendations and considerations to assist states in crafting their presidential election administration policies in key areas, including (1) implementation of provisions of the federal Electoral Count Reform Act; (2) preparation for natural or human-caused election disruptions; (3) prevention of faithless and fake electors; (4) accommodation of third-party and independent candidates; and (5) preparation for implementation of the National Popular Vote Interstate Compact.

Decision In Art. 78 Proceeding - Rispoli, John (2021-03-01)

Decisions in Art. 78 Proceedings

No abstract provided.

Matter Of Hart V. New York City Hous. Auth.

All Decisions

Tenant, charged with non desirability due to aggressive behavior, argued for reasonable accommodation for PTSD during a hearing. The hearing officer found no accommodation would suffice and recommended termination of tenancy. The court confirmed NYCHA's decision, stating it was supported by substantial evidence and not disproportionate to the offenses.

Mia V. Lyons

All Decisions

The landlord initiated a holdover proceeding against the tenant, claiming that the tenant's tenancy had expired. The tenant defended the proceeding by asserting that the apartment was rent-stabilized. The landlord denied that the building contained six or more units. The court granted the tenant's motion for summary judgment, finding that the new evidence from the New York City Department of Buildings showed that the building had been converted to a seven-unit building in 2002, and that the tenant had met her burden of demonstrating a prima facie showing of entitlement to judgment as a matter of law. The court rejected …

Regulatory Takings In Climate Change: Geo- Engineering One’S Way Around The Fifth Amendment, Noah Chase

Fordham Environmental Law Review

Picture yourself as the owner of a small business located in the downtown area of a large city; your business consists of a shop and an adjoining parking lot. A new regulation has just been passed which requires any owner of property within the city limits to paint all roofs and parking areas with a new reflective coating, in order to reduce the heat which is absorbed by such structures. The idea of closing your business down for this time, along with other connected issues, scares you, and you begin to wonder if your local government truly has your best …

1532-1609 Ocean Ave Llc V. Hertzan

All Decisions

The landlord commenced a nonpayment proceeding against the tenant based on the tenant's alleged default on rent for an unregulated apartment. The tenant argued that the apartment was illegally deregulated and the landlord is charging an illegal rent. The court granted the tenant's motion to amend their answer to include a claim of fraudulent deregulation. The court also granted the tenant's motion for discovery to allow them to investigate their claims. The court found that the tenant had raised a colorable claim of fraudulent deregulation and that discovery was necessary to determine the apartment's regulatory status.

1356 Walton Ave. Llc V. Russ

All Decisions

In this Article 78 proceeding, the court granted respondents' cross-motion to dismiss the petition. The case involved a dispute over the termination of subsidy payments by NYCHA due to unresolved housing quality issues in a Bronx apartment leased under the Section 8 program. The court found that NYCHA's decision to terminate subsidies was rational and supported by inspection reports detailing ongoing maintenance deficiencies. Despite petitioner's arguments regarding corrections made and tenant responsibility, the court concluded that petitioner failed to adequately refute the inspection findings. The court also addressed the timeliness of the petition, ruling that the COVID-19 executive orders tolled …

City Of New York V. Goldman

All Decisions

In this nuisance abatement action, the court granted defendants leave to renew their motion seeking demolition of the premises instead of permanent repairs. Despite new facts presented, the court upheld its original decision mandating defendants to repair the property to comply with safety standards and maintain it as habitable under rent regulations. The court highlighted the City's authority to enforce building codes and the defendants' obligation to comply with court orders, emphasizing public safety and the preservation of affordable housing amidst landlord's persistent demolition requests.

41-47 Nick Llc V. Odumosu

All Decisions

Landlord sued tenant in a non-payment proceeding for a rent-stabilized apartment. Tenant claims fraudulent overcharge and seeks rent reduction. The case hinges on whether the court will apply the new Chapter Amendments standard (totality of the circumstances) or the stricter Burrows decision for fraudulent overcharge claims in rent-stabilized apartments.

Decision In Art. 78 Proceeding - Green, Yvette (2024-05-03)

Decisions in Art. 78 Proceedings

No abstract provided.

Banana Kelly Prospect Hdfc. V. Banks

All Decisions

In this case, Banana Kelly Prospect HDFC initiated a non-payment summary proceeding against tenant Banks, which was settled by stipulation requiring repairs prior to rent payment. Dispute arose when Banks alleged non-compliance with repair terms, prompting a motion for contempt by Banks. The court ruled on proper service and the requirement of clear and unequivocal orders for contempt, ultimately denying Banks' motion due to the order's ambiguity and lack of clear mandate on repair deadlines, affirming that willfulness is not a prerequisite for civil contempt under New York law.

880 St. Nicholas, Llc V. Shiferaw

All Decisions

Landlord sought to restore a non-payment proceeding and obtain a monetary judgment. Tenant cross-moved to compel discovery. The court denied the landlord's motion to restore as premature and granted the tenant's motion to compel discovery upon finding that tenant had "properly and facially articulated a rent overcharge defense and counterclaim for fraudulent scheme to deregulate." Court adjourned the matter pending completion of discovery.

Board Of Mgrs. For Crotona Towers Condominium V. Jenser Llc

All Decisions

In this non-payment action concerning condominium common charges, the plaintiff, Board of Managers for Crotona Towers Condominium, initiated proceedings via an order to show cause. However, crucial initial filing requirements, including a complaint and proper service, were not fulfilled, leading to a motion by defendants to dismiss. The court determined that without proper commencement via a summons and complaint, personal jurisdiction over defendants was lacking, thereby granting the dismissal motion. This case underscores the procedural necessity of filing and serving required initial documents to establish a valid legal action.

479 Hicks St. Llc V. Rial

All Decisions

In a holdover-Non-primary residence case, landlord 479 Hicks St. LLC sought to remove tenant from an apartment, alleging she was not the primary resident. The court initially dismissed the action due to the landlord's failure to comply with statutory notice requirements under 9 NYCRR 2204.3, even after granting re-argument to correct procedural errors. This case underscores the importance of strict adherence to procedural rules in holdover proceedings, impacting a landlord's ability to maintain eviction actions based on non-primary residence without proper notice to regulatory authorities.

294 5th Ave. Realty Partners Llc V. Jimenez

All Decisions

Landlord commenced a non-payment proceeding against a rent-controlled tenant. Tenant moved to dismiss based on rent-impairing violations and harassment. Court granted tenant's motion, finding rent-impairing violations existed for over a year, and landlord failed to correct them. The court granted a 100% rent abatement from October 2019 to June 2023 due to these violations. Court also found evidence of harassment based on landlord's repeated failure to correct the roof leak and imposed a $10,000 penalty. Landlord's prior squatter holdover proceedings were deemed not to constitute harassment.

Westbury 2101 Llc V. Pierre

All Decisions

Landlord commenced a holdover proceeding against tenant, alleging tenant was a licensee of the deceased former tenant of record. The court granted tenant's motion to dismiss, finding landlord failed to establish tenant's status as a licensee and did not prove the former tenant's right to possession. The court dismissed the proceeding with prejudice, without determining the issue of succession rights raised by the tenant.

Montera V. Kmr Amsterdam Llc

All Decisions

Tenant sued landlord for rent overcharges in a rent-stabilized apartment, alleging the landlord fraudulently deregulated the unit. The court denied both parties' summary judgment motions, finding factual issues regarding whether the landlord engaged in a fraudulent scheme to deregulate and whether the tenant can prove the elements of fraud. The court also dismissed certain of the landlord's affirmative defenses and counterclaims.

Decision In Art. 78 Proceeding - Beltran, Elias (2024-05-08)

Decisions in Art. 78 Proceedings

No abstract provided.

Inglis V. Four Thirty Realty Llc

All Decisions

In an overcharge action involving a building with J-51 tax benefits, tenants sought documents to determine the landlord's alleged fraudulent deregulation scheme. The court discussed common law exceptions to lookback rule and recent legislative changes, finding tenants demonstrating a colorable claim of fraud, entitling them to discovery. Key legal points include elements of fraud and legislative impact on landlord-tenant disputes.

Newport Gardens Apartment, L.P. V. Surles

All Decisions

The landlord commenced a nonpayment proceeding against the tenant, alleging rent arrears. The tenant moved to dismiss the petition, arguing that the predicate rent demand was defective for failing to clearly specify the alleged arrears period and including non-itemized, non-rent charges. The court agreed that the rent demand did not comply with statutory requirements and was too confusing to inform the tenant of the actual amount owed. As a result, the court granted the tenant's motion and dismissed the nonpayment petition without prejudice to the landlord re-filing with a proper rent demand. The court also ordered the landlord to correct …

Koti V. Vasquez

All Decisions

In this owner's use holdover proceeding, the landlord sought possession of an apartment, alleging immediate and compelling necessity for personal occupancy. However, the court granted the tenant's motion to dismiss, finding the predicate notice insufficient. The notice lacked specificity regarding the landlord's intent and failed to provide factual details supporting the claimed necessity for occupancy. The court emphasized that a notice of termination must include specific allegations relevant to the particular proceeding, not merely statutory language, to sustain an eviction action.

Azad V. Ahmed

All Decisions

The landlord initiated a holdover proceeding based on a 30-day termination notice, claiming the premises were an "illegal" unit. However, the tenant presented an executed lease indicating otherwise. The court dismissed the petition, ruling that the lease was valid, and there was no evidence supporting the claim of an illegal unit. Additionally, the court noted discrepancies in the petitioner's description of the premises, leading to the dismissal of the case due to a defective predicate notice.

Come, Let Us Reason Together, The Honorable Kent A. Jordan

Fordham Law Review

Judge Jordan has had a distinguished career at the bar as well as on the bench. After receiving a B.A. from Brigham Young University in 1981, and a J.D. from the Georgetown University Law Center in 1984, he served as a law clerk to District Judge James L. Latchum on the U.S. District Court for the District of Delaware. Subsequently, he spent a number of years in private practice at a Wilmington law firm, focused on intellectual property, as well as corporate and commercial litigation. He also served as an Assistant U.S. Attorney for the District of Delaware, including as …

Impeaching With An Alleged Prior False Accusation, Erin Murphy

Fordham Law Review

The Court’s categorical recognition of bias as a constitutionally protected, and therefore rape-shield recognized, exception to the general bar on evidence of sexual history has led to questions about whether other forms of impeachment might also evade rape shield restrictions. In particular, courts have grappled with the admissibility of impeachment by evidence of a prior false accusation (PFA).

The current treatment of PFAs is inconsistent and controversial for several reasons. First, as explained further in Part I, there is a lack of clear guidance in the rules about how such evidence should be treated. Second, of course, there are the …

From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin

Fordham Law Review

The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …

Initial Steps For Lawyers Appealing Parole Denials, Parole Preparation Project

All Categories

No abstract provided.