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Articles 931 - 960 of 8566
Full-Text Articles in Entire DC Network
Jeremy Props., Llc V. Franklin
Aghedo V. 80 Clarkson Llc
All Decisions
In this HP proceeding, tenants sought to correct housing maintenance code violations and obtain civil penalties against the landlords. The court granted the tenants' motion for an order to correct the violations, directing the landlords to rectify them by a specified date. However, the motion for civil penalties was denied without prejudice to renew, as triable issues of fact existed regarding the landlords' liability. The court emphasized the need to resolve issues related to access and cited a consent order in a related action, extending the deadline for corrections.
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Improving Lawyers & Lives: How Immigrant Justice Corps Built A Model For Quality Representation While Empowering Recent Law School And College Graduates And The Immigrant Communities Whom They Serve, Jojo Annobil, Elizabeth Gibson
Fordham Law Review
The late Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit formed a study group in 2008 called the Study Group on Immigrant Representation to assess the scope of the problem and find a solution. The study group determined that the representation crisis was an issue “of both quality and quantity” and that the two most important variables for a successful outcome in a case were having counsel and not being detained. To address this need, the study group established two innovative programs: the New York Immigrant Family Unity Project (NYIFUP), the first public defender …
Reforming The New York Lieutenant Governor Replacement Process: A Policy Recommendation, Fordham Law School Rule Of Law Clinic, Spencer Shih, Chase Cooper, Harry Solomon
Reforming The New York Lieutenant Governor Replacement Process: A Policy Recommendation, Fordham Law School Rule Of Law Clinic, Spencer Shih, Chase Cooper, Harry Solomon
Rule of Law Clinic
New York's governor has unilateral power to fill vacancies in the lieutenant governor's office. This unchecked power is undemocratic and risks elevating unqualified officials. In this report, the Fordham Law School Rule of Law Clinic recommends reforming the lieutenant governor replacement process. Building on a recommendation advanced by the New York State Bar Association, the clinic recommends providing the Legislature an opportunity to confirm the governor's nominees. If the Legislature rejects two nominations, the governor could choose a new lieutenant governor from among a group of elected and Senate-confirmed officials.
Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan
Institutional Liability For Sexual Violence In Prisons Based On Theaided-By-Agency Theory, Tori Klevan
Fordham Law Review
Sexual assault perpetrated by correctional officers in prisons and jails is a pervasive problem in women’s correctional facilities. However, victims who choose to pursue a civil action rarely recover damages for their injuries because our legal system fails to provide adequate options for relief. This failure leaves victims uncompensated and disincentivizes correctional institutions from implementing effective preventative measures. Part of the reason for this failure is that most U.S. courts refuse to hold employers liable for sexual violence committed by their employees. They find that employers cannot be held liable for the tortious conduct of their employees unless the conduct …
Cadillac Leasing L.P. V Kamara
Department Of Hous. Preserv. & Dev. Of The City Of N.Y. V Ohebshalom
Department Of Hous. Preserv. & Dev. Of The City Of N.Y. V Ohebshalom
All Decisions
No abstract provided.
Grossman V. Ragoonath
All Decisions
Landlord sought to evict tenant based on a 90-day notice to terminate tenancy. Tenant denied the existence of a tenancy agreement. The court found that landlord failed to prove the existence of a tenancy agreement and dismissed the petition. Key Legal Points: 1) Petitioner must prove the existence of a tenancy agreement in a holdover proceeding; 2) Oral rental agreements are valid but must be proven by a preponderance of the evidence; 3) Discontinued HP cases have little preclusive value.
7 E. 14, Llc V. Libson
All Decisions
Landlord appealed from an order of the Civil Court granting tenant's motion to dismiss a nonpayment petition. The Appellate Term affirmed, holding that a nonpayment proceeding cannot be used to collect rent for a period after the lease has expired. The court also held that landlord's claim for rent arrears that accrued before the lease expired was properly dismissed because landlord did not amend the petition.
Williams V. Lindo
All Decisions
Landlord and tenant settled a holdover proceeding, with tenant agreeing to vacate by a certain date and landlord agreeing to waive all rent. Landlord later sought use and occupancy from the date of the original petition, arguing that tenant breached the settlement by not vacating on time. The court denied landlord's motion, finding that the stipulation of settlement did not provide for payment of use and occupancy as a penalty for late vacating, and that the court lacked jurisdiction to grant a money judgment after already having granted a possessory judgment. Key Legal Points: 1) Courts will enforce the terms …
Wilmington Savings Fund Society, Fsb V. Gordon
Crest I Lp V. Ventura
All Decisions
In Crest I LP v Ventura, the court upheld the dismissal of the tenant's rent overcharge defense and counterclaim, ruling that the Housing Stability and Tenant Protection Act of 2019 (HSTPA) cannot be retroactively applied to overcharges alleged before its enactment. As the tenant's claim was based on a rent increase predating the HSTPA, the pre-HSTPA law governed the dispute, barring examination of rental history beyond four years prior to the overcharge action unless fraud was claimed. Since no fraud was alleged, the court found the tenant's claim and defense were properly dismissed, emphasizing that rent increases before the HSTPA's …
Florim Realty Corp. V. Paulino
Florim Realty Corp. V. Paulino
All Decisions
In Florim Realty Corp. v Paulino, the appellate court deemed an appeal from a "decision and order" as an appeal from the ensuing judgment. The judgment was modified to reduce the plaintiff's damage award, affirming the decision with modifications. The court upheld the trial court's determination that the defendant executed a lease without intent to occupy the premises himself, leading to a holdover proceeding. The court found the defendant liable for holdover damages due to his son's continued occupancy after the lease term. Additionally, the judgment was adjusted to credit the defendant's security deposit, as the plaintiff had no basis …
Harari V. Jamesman Realty Corp.
Harari V. Jamesman Realty Corp.
All Decisions
The court denied the management company's motion to dismiss various claims brought by tenants/shareholders in a co-op, including breach of fiduciary duty and breach of contract. The court found that the co-op had standing to bring derivative claims against the managing agent of the cooperative and adequately pleaded their breach of fiduciary duty claim. Additionally, the court determined that the amended complaint addressed previous deficiencies in pleading breach of contract claims, allowing those claims to proceed.
41-47 Nick Llc V. Odumosu
All Decisions
The tenant moved pre-answer to dismiss the landlord's holdover petition, arguing improper service of the termination notice. The court agreed with the tenant, finding that the landlord failed to meet the statutory requirements for service. Consequently, the case was dismissed, and the tenant substantially prevailed.
Stuyvesant Owners Inc. V. Frantino
Administrative Appeal Decision - Verley, Harold (2023-10-26)
Administrative Appeal Decision - Verley, Harold (2023-10-26)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Strawitch, Carl (2023-09-20)
Administrative Appeal Decision - Strawitch, Carl (2023-09-20)
Parole Administrative Appeal Decisions
No abstract provided.
Ilan Props., Inc. V. Hendler
All Decisions
The court declined to decide if the tenant has the right to occupy the apartment or if the landlord has standing to evict, finding these issues require Supreme Court resolution due to the agreements' arbitration provisions. The landlord sought to evict the tenant, claiming she no longer used the apartment as her primary residence in violation of the lease. The tenant argued the agreement mandated arbitration and lacked standing for eviction. The court denied both motions for summary judgment and compelled arbitration, but later stayed arbitration upon finding the court, not an arbitrator, should decide the threshold issues of occupancy …
Expert Knowledge, Democratic Accountability, And The Unitary Executive, Barry Sullivan
Expert Knowledge, Democratic Accountability, And The Unitary Executive, Barry Sullivan
Fordham Law Review
Proponents of the “unitary executive” theory hold that “all federal officers exercising executive power must be subject to the direct control of the President.” But how, as a constitutional matter, should such presidential control be defined, and how should it be effectuated? Unitarians are not united. Kevin H. Rhodes and Professor Steven G. Calabresi identify at least three distinct versions of the theory, which reflect a diversity of responses to those questions. The strongest or most aggressive version (which may also find the least support in the relevant jurisprudence) holds that the President may “supplant any discretionary executive action taken …
Concerted Civic Administration, Peter M. Shane
Concerted Civic Administration, Peter M. Shane
Fordham Law Review
With the benefit of hindsight, the Roberts Court’s decision in Free Enterprise Fund v. Public Company Accounting Oversight Board marked the arrival in the U.S. Supreme Court of what has aptly been called the “separation-of-powers counterrevolution.” For the first time in history, the Court voided statutory criteria limiting the removability of a subordinate officer by a principal officer within the executive branch. Since then, the Court has crafted an increasingly complex separation-of-powers jurisprudence aimed at protecting the President’s supposed Article II authority to control subordinate administrators. Underlying this jurisprudence is the Court’s supposition that, constitutionally speaking, executive branch administrators “wield …
The Federal Circuit’S Experimental Prism, Jeremy W. Bock
The Federal Circuit’S Experimental Prism, Jeremy W. Bock
Fordham Law Review
Whether the U.S. Court of Appeals for the Federal Circuit is succeeding in its role as the steward of decisional patent law has been the subject of considerable debate and many empirical studies for the past forty years. Based on these studies, some observers have expressed skepticism of the utility of that court’s exclusive, nationwide jurisdiction over patent appeals. But the substantial body of empirical literature on the Federal Circuit has been viewed largely from a single vantage point, one that attributes any negative or undesirable outcomes to the court’s specialization. This Article argues that there is another way to …
H & L Broadway Holding Llc V. Salaj
H & L Broadway Holding Llc V. Salaj
All Decisions
This is a nonpayment case in which the landlord brought a summary proceeding against the tenant for nonpayment of rent. The tenant asserted a defense of breach of the warranty of habitability, alleging that leaks and water damage in the apartment rendered it uninhabitable. The court found that the tenant failed to meet their burden of proving the breach of warranty of habitability defense, and granted judgment to the landlord for the unpaid rent.
Article Iii, The Bill Of Rights, And Administrative Adjudication, John M. Golden, Thomas H. Lee
Article Iii, The Bill Of Rights, And Administrative Adjudication, John M. Golden, Thomas H. Lee
Fordham Law Review
Modern reconsideration of legal constraints on the federal administrative state has commonly focused on agency rulemaking but seems increasingly concerned with agency adjudication. In this Essay, we provide an overview of constitutional issues implicated by administrative adjudication. We specifically explain how and why the so-called public-rights doctrine generally allows federal administrative adjudication outside private-rights actions substantially linked to traditional actions in law, equity, or admiralty. We also discuss how constitutional provisions outside Article III—including Bill of Rights protections of individuals as against the federal government—may nonetheless require a role for Article III courts even in so called public rights cases, …
Richer V. Mignott Et Al.
All Decisions
In this holdover proceeding, the tenant moved for dismissal of the petition, arguing that the landlord failed to properly terminate the tenancy. The dispute centered around the interpretation of RPL 232-a, with the tenant contending that the termination notice must coincide with the expiration of the lease term. The court agreed with the tenant, emphasizing that in the absence of a defined term contract, a month-to-month tenancy is typically understood to follow a calendar month cycle. Despite the landlord's argument based on the amended RPL 232-a, the court concluded that the most reasonable interpretation, based on the parties' behavior and …
Why We Can’T Have Nice Things: Equality, Proportionality, And Our Abridged Voting Rights Regime, Michael Latner
Why We Can’T Have Nice Things: Equality, Proportionality, And Our Abridged Voting Rights Regime, Michael Latner
Fordham Law Voting Rights and Democracy Forum
What constraints should the protection of political equality place on the design of electoral systems? With the exception of requiring approximate population equality across a jurisdiction’s districts, the U.S. voting rights regime accepts substantial disproportionality in voting strength. This Article addresses the current Supreme Court’s abandonment of the Second Reconstruction’s “one person, one vote” standard with regard to both racial and partisan gerrymandering, and assesses the role that Congress and political science have played in this transition. This Article argues that an unabridged voting rights regime must recognize a standard of proportional representation derived from the protection of individual political …
Jmp Properties Llc V. Theresa Threadgill Et Al.
Jmp Properties Llc V. Theresa Threadgill Et Al.
All Decisions
In this case, the landlord JMP Properties LLC initiated a holdover-licensee proceeding concerning a rent-stabilized apartment following the death of the tenant of record. The court addressed procedural issues regarding notice and pseudonyms, emphasizing due diligence and adherence to procedural rules. While the court denied motions related to amendments without proper documentation, it granted the landlord's motion for discovery, requiring the tenant to provide specified documents and submit to a deposition. However, the court denied the landlord's motion for use and occupancy pendente lite due to the tenant's assertion of a warranty of habitability defense. Key Legal Points: Emphasis on …