Digital Commons Network^™

Symposium On Scholars’ Suggestions For Amendments, And Issues Raised By Artificial Intelligence

Fordham Law Review

CHAIR SCHILTZ: As those of you who have been in the rules work for a while know, rules work is cyclical. During the time I’ve been Chair of the Advisory Committee on Evidence Rules, we’ve had two packages of amendments that have gone through. The first package will take effect on December 1, 2024, and that’s the package that is led by the amendment to Rule 702 on expert testimony. And then we have another package that was just approved by the Judicial Conference and sent to the U.S. Supreme Court, and that package is led by the new rule …

American Democracy And The State Constitutional Convention, Jonathan L. Marshfield

Fordham Law Review

Fears about the health of American democracy are high. And with the U.S. Supreme Court loosening federal constraints and returning critical substantive issues to the states, there is new and particular interest in the democratic quality of state institutions. Although some see opportunity in this decentralization, there is also good reason to believe that many states are failing to deliver on America’s democratic ideals. There are growing concerns, for example, that many state legislatures are enacting laws wildly misaligned with majority preferences on important issues like guns, abortion, LGBTQ+ rights, and healthcare. There are also deeper structural concerns regarding partisan …

Branding Corporate Criminals, W. Robert Thomas, Milhailis E. Diamantis

Fordham Law Review

Corporate punishment has a branding problem. Criminal sanctions should call out wrongdoing and condemn wrongdoers. In a world where generic corporate misconduct is a daily affair, conviction singles out truly contemptible practices from merely sharp, unproductive, or undesirable ones. In this way, criminal law gives victims the recognition they deserve, deters future wrongdoers who want to preserve their good name, and publicly reinforces society’s most treasured values.

Unfortunately, corporate punishment falls far short of all these communicative ambitions. For punishment to convey its intended message, society must be able to hear about it. When courts convict individuals, everyone understands that …

Gene Patents: Striking The Right Balance Between Incentive And Innovation, Josh Saul

Fordham Law Review

The U.S. Supreme Court held human genes to be unpatentable subject matter in Association for Molecular Pathology v. Myriad Genetics, Inc. The implications from this decision were, and to a large extent still are, unclear. However, in the decade since this decision, a number of studies have begun to shed light on the fallout of Myriad. This Note examines such studies and finds that they suggest a decline in investment and innovation in the biotech industry. In order to promote research and innovation in the field of genetics, this Note then advocates for legislative action to reestablish the …

Jermainia Holdings Llc V. Lyndo

All Decisions

The landlord, a foreign entity, initiated a holdover proceeding to recover possession of the premises. However, the tenant successfully moved to dismiss the case, arguing that the landlord lacked standing due to its failure to obtain the necessary Certificate of Authority from the Department of State to conduct business in New York State. Despite the landlord's claim of curing the defect, the court ruled in favor of the tenant, emphasizing compliance with statutory requirements for maintaining legal actions in the state.

Jewish Bd. Of Family & Children's Servs., Inc. V. Sabater

All Decisions

In a holdover eviction proceeding, the court ruled in favor of the landlord, allowing the amendment of the petition and denying the tenant's motion. Key legal points include the interpretation of statutory provisions regarding supportive housing programs and the sufficiency of termination notices.

933 Amsterdam Holdings, Llc V. Jenkins

All Decisions

In this Holdover-Breach of Lease case, the court granted the landlord's motion to substitute the tenants, acknowledging the successor-in-interest's rights. However, the motion for use and occupancy was denied due to the premises' illegal status. The tenant's cross-motion for summary judgment and to dismiss the complaint was also denied, as the issues differed from a previous proceeding. Key legal points include res judicata, premises legality, and landlord obligations.

Fieldbridge Assoc. Llc V. Rivers

All Decisions

In a non-payment proceeding in a rent-stabilized property, the court denied the tenant's motion for summary judgment, ruling that the landlord could sue for rent arrears based on the actual lease agreements rather than solely relying on the last registered rent with the DHCR. The court emphasized that the essence of the agreement between landlord and tenant, as reflected in the lease, governed the rent due, not just the last registered amount. The decision highlights the importance of lease terms in determining rent obligations in rent-stabilized properties.

Deleon V. 560-568 Audubon Realty, Llc

All Decisions

The tenant failed to comply with lease terms by operating an unauthorized business on the premises, constituting a breach of lease. The landlord successfully sought eviction through a pre-answer motion, resulting in a judgment in favor of the landlord, highlighting the significance of lease compliance in landlord-tenant disputes.

65 West 68th Street Llc V. Balangue

All Decisions

The landlord sued the tenant in a holdover proceeding, claiming the tenant created a nuisance by allowing unauthorized people to live in the recreation room. The court dismissed the case because the landlord's notices failed to specify how the tenant's actions substantially disturbed other tenants or violated the lease.

Matter Of Gassana V. New York State Dept. Of Hous. & Community Renewal

All Decisions

In a Holdover-Non-primary Residence case in the Appellate Division, First Department, the court affirmed the denial of the tenant's petition to annul DHCR's determination of no rent overcharges. The court found DHCR's determination not arbitrary, as it extensively considered rental history and evidence. The landlord's conduct post-dated the base date, not affecting base date rent reliability. Key legal points: DHCR discretion in determining service failure; consideration of fraudulent deregulation; evidence supporting landlord's improvements; landlord's post-base date conduct not impacting rent determination.

Resnicow V. W 7879 Llc

All Decisions

In a rent-stabilized apartment dispute, the court dismissed the tenant's claim of rent overcharge based on pre-HSTPA law, rejecting the argument for a two-tier calculation method. The court cites relevant case law, emphasizing that the landlord corrected the overcharge prior to HSTPA enactment and awards attorneys' fees to the landlord.

Minott V. New York City Hous. Authority-Fort Independence Houses

All Decisions

The tenant, seeking repair orders and alleging harassment by the landlord, failed to serve a required notice of claim, leading to the dismissal of the harassment claim. Despite the tenant's detailed allegations of landlord misconduct and unsafe living conditions, compliance with Public Housing Law §157(1) was necessary for proceeding with claims for monetary damages. The court, therefore, dismissed the harassment claim without assessing its merits, as the procedural prerequisite was unmet.

Decision In Art. 78 Proceeding - Henry, Rennie (2024-04-19)

Decisions in Art. 78 Proceedings

No abstract provided.

Rose V. Gazivoda 118 Llc

All Decisions

The court ruled that the tenant's apartment is rent-stabilized, but the tenant failed to establish a fraudulent scheme to recover rent overcharges from a period outside the legal timeframe. The court also dismissed the landlord's counterclaims.

Department Of Housing Preservation And Development Of The City Of New York V. Ohebshalom

All Decisions

DHPD brought a successful motion finding the landlord in contempt of court for failing to comply with a previous order to fix building violations and provide heat and hot water. The landlord was fined for the contempt and will be responsible for future heating and hot water violations.

Administrative Appeal Decision - Ahmad, Saeed (2022-08-25)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Quinonez, Robert (2022-07-18)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Berrios, Basilio (2022-06-08)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Vanvorst, Aaron (2022-07-18)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Rex, Michael (2022-07-18)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Mcmahon, James (2022-07-18)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Cruz, Larry (2022-08-25)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Fama, Joseph (2022-07-18)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Anderson, Leroy (2022-08-25)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Cruz, John (2022-05-02)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Ellerbee Ii, Preston (2022-08-25)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Johnson, Raymond (2022-08-25)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Kennedy, Vernon (2022-08-25)

Parole Administrative Appeal Decisions

No abstract provided.

Administrative Appeal Decision - Bolton, Shaun (2022-07-18)

Parole Administrative Appeal Decisions

No abstract provided.