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Articles 961 - 990 of 8566
Full-Text Articles in Entire DC Network
Gemini Realty Llc V. Miller
All Decisions
In this case, the landlord, sought a preliminary injunction to compel licensee tenant to allow access for repairs, specifically to replace a bathtub with a shower and address open Department of Buildings violations. The court granted the injunction, citing the landlord's clear right to access under NYC Administrative Code § 27-2008 and Multiple Dwelling Law § 78, the irreparable harm caused by ongoing water leaks, and the imbalance of equities in favor of the landlord. The decision highlighted the tenant's obligation to cooperate with repairs and the landlord's responsibility to maintain the building's safety.
Wfha Rockaway L.P. V. Stevens
All Decisions
In this non-payment proceeding, the landlord applied for a default judgment against the tenant after the tenant failed to answer. The court denied the landlord's application without prejudice. The petition alleged the tenant defaulted on a "written agreement" but did not specify the term or provide the agreement itself. The court found this deficient, as it could not determine if there was an ongoing rental agreement in effect when the proceeding was commenced, which is required to state a cause of action. The court directed the landlord to renew the application and provide proof of an ongoing agreement to pay …
325 Mgt. Corp. V. Statuto
All Decisions
The court ruled that a tenant's apartment was not rent-stabilized because there was no evidence the building ever had six or more occupied residential units. To be rent-stabilized, a building needs at least six "housing accommodations," which are units continuously used and occupied as residences, not just units with certificates of occupancy. Even though the building previously had unused upper floors, their lack of actual residential use meant they didn't count towards the threshold for rent stabilization.
Westman Realty Co., Llc V. Nettles
Westman Realty Co., Llc V. Nettles
All Decisions
The tenant's defenses and counterclaim regarding rent stabilization and rent overcharges were allowed to proceed in the lawsuit. The court also ruled that the tenant can bring their rent overcharge claim in Supreme Court. A hearing will be held to determine the appropriate amount of rent the tenants need to pay pendente lite.
Bam Go Lihtc Llc V. Oquendo
All Decisions
Landlord brought a holdover proceeding against tenant for violating a probationary stipulation that required tenant to refrain from smoking, making significant noise, and being aggressive with other residents or building staff. The court found in favor of landlord and granted a conditional stay of eviction, requiring tenant to pay ongoing use and occupancy fees and continue complying with the stipulation. Landlord may proceed with eviction upon default of rent payment or further violation of the stipulation. Key Legal Points: Court found credible testimony of two neighbors sufficient to support landlord's position; standard for enforcing a stipulation is lower than standard …
600 West 183rd Street Tenants Association V. 600 West 183rd Street Realty Corp
600 West 183rd Street Tenants Association V. 600 West 183rd Street Realty Corp
All Decisions
The tenant association and tenants sued the landlord for rent overcharges, fraudulent initial leases with inflated rents, and housing violations. The court previously granted summary judgment for the tenants on the overcharge and fraudulent lease claims. This is a post-judgment report recommending the court confirm its findings that the landlord willfully overcharged rent, issued illegal fraudulent leases requiring rent freezes, and that the tenants are entitled to recover damages, penalties, and attorneys' fees to be determined.
A3 Investments Sa V. Linnett
All Decisions
In this residential landlord-tenant dispute, the landlord sought to dismiss the tenant's complaint due to alleged spoliation of text messages, which the tenant claimed were not preserved. The court found that although there was spoliation, striking the complaint was too harsh since the landlord had access to similar evidence through other means. The court ordered an adverse inference charge against the tenant at trial and denied a stay of proceedings, while compelling the landlord to produce relevant text messages.
Aras V. B-U Realty Corp.
All Decisions
In this cross-appeal, the court modified the order to clarify the base date for all plaintiffs as four years before the filing of the original complaint, and remanded the matter for a determination on damages. The plaintiffs sought partial summary judgment, alleging a building-wide fraudulent scheme for rent overcharges. However, the court found insufficient evidence of fraud and declined to apply the default formula for damages calculation. The order granted summary judgment on liability for certain plaintiffs, held the motion in abeyance for others, and denied it for one plaintiff, directing a determination on damages.
Site 10 Community Alliance Associates Lp V. Keats
Site 10 Community Alliance Associates Lp V. Keats
All Decisions
Tenant lives in a project-based Section 8 building designated for seniors. Landlord alleged in their petition and notice of termination that Tenant had made several complaints to Landlord about Tenant's apartment. Judge found for Tenant in Tenant's Motion to Dismiss because Landlord's predicate notice failed to provide "any facts which supports that Respondent's conduct has disrupted the livability of the building; the health and safety of any person; any tenant's quiet enjoyment of the leased premises; interference with Petitioner's management of the building; or any adverse financial effect on the building" as required under 24 CFR 880.607.
Toward National Regulation Of Legal Technology: A Path Forward For Access To Justice, Drew Simshaw
Toward National Regulation Of Legal Technology: A Path Forward For Access To Justice, Drew Simshaw
Fordham Law Review
Legal technology can help close the access-to-justice gap by increasing efficiency, democratizing access to information, and helping consumers solve their own legal problems or connecting them with lawyers who can. But, without proper design, technology can also consolidate power, automate bias, and magnify inequality. The state-by-state regulation of legal services has not adapted to this emerging technology-driven landscape that is continually being reshaped by artificial intelligence–driven tools like ChatGPT. Confusion abounds concerning whether use of these technologies amounts to unauthorized practice of law, leads to discrimination, adequately protects client data, violates the duty of technological competence, or requires prohibited cross-industry …
Anything But Prideful: Free Speech And Conversion Therapy Bans, State-Federal Action Plans, And Rooting Out Medical Fraud, Jordan Hutt
Fordham Law Review
At a time when conversion therapy might seem archaic to many people, this practice remains prevalent across the United States and finds legal support in the halls of federal courthouses. In 2020, the U.S. Court of Appeals for the Eleventh Circuit, in Otto v. City of Boca Raton, held that two ordinances banning conversion therapy in Boca Raton and Palm Beach violated First Amendment free speech rights. Specifically, Otto held that conversion therapy bans were content-based restrictions subject to strict scrutiny. Conversely, the U.S. Courts of Appeals for the Third and Ninth Circuits’ prior decisions upheld conversion therapy bans …
Proceedings At An Impasse: Appealing Fugitive Disentitlement Orders Of International Defendants Under The Collateral Order Doctrine, Parker Siegel
Proceedings At An Impasse: Appealing Fugitive Disentitlement Orders Of International Defendants Under The Collateral Order Doctrine, Parker Siegel
Fordham Law Review
The doctrine of fugitive disentitlement allows federal courts to decline to entertain a defendant’s claims when that defendant is deemed a fugitive from justice. Once disentitled, defendants cannot seek relief from the judicial system until they submit to the court’s jurisdiction. But complications emerge when federal district courts disentitle non–U.S. citizens who reside outside of the United States, who are indicted for alleged misconduct committed abroad, and who attempt to dismiss charges while remaining in their home countries. Federal circuit courts of appeals are split on whether such defendants can appeal from a fugitive disentitlement ruling without submitting to the …
Misunderstanding Meriwether, Brian Soucek, Ryan Chen
Misunderstanding Meriwether, Brian Soucek, Ryan Chen
Fordham Law Review
Meriwether v. Hartop is widely seen as one of the most important academic freedom and transgender rights cases of recent years. Whether praising it as a victory for free speech or condemning it as a threat to educational equality, commentators across the political spectrum have agreed on one thing: the U.S. Court of Appeals for the Sixth Circuit did something big when it held that professors at public universities have a First Amendment right to misgender their students in class. But contrary to popular belief, Meriwether held no such thing. In fact, the Sixth Circuit could not have held what …
Strysower V. Oiring Et Al.
All Decisions
The tenant successfully brought a civil contempt motion against the landlord for failing to comply with a court order to fix violations. The court found the landlord in contempt and ordered a hearing to determine attorney's fees for the tenant.
2108 Amsterdam Llc V. Rodriguez
Ortega V. Lin
All Decisions
In this consolidated HP proceeding, the petitioner sought inter alia mold and lead paint abatement along with temporary relocation, while the respondents filed for access to repair Housing Maintenance Code violations. The court denied both motions due to insufficient factual support and absence of a concrete lead paint abatement plan. Legal emphasis was placed on compliance with Housing Maintenance Code provisions and NYC regulations. The court ordered a further hearing, underscoring unresolved issues surrounding repairs and harassment allegations.
Turin Hous. Dev. Fund Corp. V Kennedy
Pinehurst House, Inc. V. Sanchez
Pinehurst House, Inc. V. Sanchez
All Decisions
Tenant lives in a basement unit in a converted cooperative and does not own shares to the unit. Case dismissed on summary judgment for: 1) failure to properly decribe the regulatory status of the unit premises; 2) failure to accurately enough describe the premises from which removal is sought.
3505 Bway Owners Llc V Mcneely
Decision In Art. 78 Proceeding - Croshier, Christopher (2022-08-24)
Decision In Art. 78 Proceeding - Croshier, Christopher (2022-08-24)
Decisions in Art. 78 Proceedings
No abstract provided.
One Step Up Ltd. V. Manhattan Beachwear, Inc.
One Step Up Ltd. V. Manhattan Beachwear, Inc.
All Decisions
One Step Up Ltd., as subtenant, entered into a sublease with Manhattan Beachwear, Inc. for office space. Due to COVID-19, One Step Up Ltd. believed the force majeure clause applied, withholding rent. However, the court ruled that the clause did not excuse rent obligations for the subtenant. Manhattan Beachwear, Inc. drew down on a letter of credit, leading to a judgment in favor of One Step Up Ltd. for a reduced amount.
1113 Holding Ltd V. Christian
All Decisions
Landlord filed nonpayment against tenant who was withholding rent due to ceiling collapse after chronic leak finally gave way to full collapse. Landlord has routinely brought cases against tenant and done all in their power to intimidate, including harassing statements in and out of court. Tenant able to mobilize their community and fought back against the landlord, not just on the landlord's OSC, but to get case dismissed against their adult son and to permit amendment to the answer to raise rent impairing violation defense.
Majaraj V. Boston
All Decisions
In this illegal use holdover, the court granted the landlord's motion to vacate an ERAP stay and restore the case to the calendar on the grounds that the subject premises constituted a de facto multiple dwelling containing illegal units. Because no legal obligation to pay rent existed for an illegal space, the statutory prerequisite for ERAP eligibility was unsatisfied. However, lifting the ERAP stay permitted the court to consider the tenant’s crossmotion to dismiss which was granted without prejudice. The court found that landlord's nearly two-year delay in seeking leave to file the affidavit of service nunc pro tunc (attributable …
25/35 Hillside Associates Llc V. Quinones
Matter Of Court's Discharge Of Its Responsibilities Pursuant To 22 Nycrr § 100.3 (D) (2) (3)
Matter Of Court's Discharge Of Its Responsibilities Pursuant To 22 Nycrr § 100.3 (D) (2) (3)
All Decisions
Judge’s obligation re: inappropriate/offensive conduct by attorneys