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Articles 181 - 210 of 1523
Full-Text Articles in Entire DC Network
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.
Birdie 141 Broadway Assoc., Llc V. Cruz
Birdie 141 Broadway Assoc., Llc V. Cruz
All Decisions
In this holdover proceeding in the Civil Court of the City of New York, Manhattan, the court denies the tenant's motion to dismiss and motion for summary judgment. The landlord initiated the case based on chronic late rental payments by the tenant, alleging breach of lease. The tenant argued for dismissal citing the statute of limitations and sought summary judgment claiming the landlord's failure to make repairs justified rent withholding. The court ruled that the statute of limitations did not bar the case and that the tenant's claims regarding the landlord's failure to make repairs were triable issues of fact, …
Pimor Associates Llc V. Delvalle
Pimor Associates Llc V. Delvalle
All Decisions
Landlord filed holdover proceeding based on noise nuisance and alleged late rent payments. During trial, landlord issued rent demand contradicting initial termination notice. Court found termination notice vitiated and dismissed holdover without prejudice, as a proceeding cannot be based on both termination and rent demand simultaneously. Key legal point: a holdover proceeding must have a clear and unequivocal predicate notice, and issuing a subsequent notice that contradicts the initial notice can render it ambiguous and lead to dismissal.
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 …
Hillside Park 168 Llc V. Zepeda
Hillside Park 168 Llc V. Zepeda
All Decisions
In this holdover proceeding the landlord sought post-litigation rent and use and occupancy from the tenant. However, the tenant argued for dismissal, asserting mootness due to vacating the premises and the absence of a current lease. The court denied the landlord's motion, considering that since the tenant no longer resided in the premises, a summary proceeding for rent was not appropriate. The court granted the tenant's cross-motion to dismiss the petition, allowing the landlord to apply for a default warrant against the remaining occupants. Key legal point: A summary proceeding for rent is not appropriate against a tenant who no …
1409-1415 St. Johns Place, Llc V. Callendar
1409-1415 St. Johns Place, Llc V. Callendar
All Decisions
In this holdover proceeding in a rent-stabilized housing unit, the landlord sought possession based on allegations of nuisance. However, the court granted the tenant's motion for summary judgment and dismissed the petition due to deficiencies in the predicate notice, which failed to specify the statutory authority for termination of tenancy as required by the Rent Stabilization Code. The court emphasized the importance of strict compliance with statutory requirements in summary proceedings and held that any defect in the predicate notices requires dismissal of the petition. Key legal point: Proper predicate notices, specifying the statutory authority for termination of tenancy, are …
Lake Sutter Ave Corp V. Manning
Lake Sutter Ave Corp V. Manning
All Decisions
In this case, petitioner landlord filed a holdover proceeding seeking possession of the premises and a money judgment. The court granted summary judgment in favor of the respondent, dismissing the proceeding due to petitioner's failure to comply with service requirements, specifically in serving the New York City Housing Authority (NYCHA) as required by the Williams Consent Decree. The court emphasized that proper service on NYCHA was essential, and the failure to do so deprived the court of jurisdiction over NYCHA, rendering the proceeding invalid. As a result, the respondent substantially won the case, and the petition was dismissed.
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.
Tzifil Realty Corp. V. Mazrekaj
Tzifil Realty Corp. V. Mazrekaj
All Decisions
Landlord filed a holdover proceeding after tenant's lease expired. Tenant vacated the premises. Landlord sought use and occupancy, arguing unjust enrichment. Court denied motion, finding landlord had already accepted possession and monetary judgment could not be awarded without possessory judgment. Court also denied landlord's motion for sanctions against tenant's counsel for allegedly frivolous conduct.
Renaisance Equity Holding Llc V. Ford
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 …
Sterling Queensboro Llc V. Kaplan
Gentles V. Day
All Decisions
In this non-payment proceeding, the court denied respondent's motion seeking dismissal based on lack of a lease and privity of contract. Despite the absence of a written lease, the court found a landlord-tenant relationship existed due to the acceptance of ERAP benefits by the landlord and the tenant's continued occupancy. Respondent's objections to jurisdiction and failure to serve a thirty-day notice were waived by their participation in the case without objection earlier. The court restored the case for trial or settlement, holding that ERAP benefits constituted a binding agreement akin to a lease.
Rego Park Ventures, Llc V Shany
Dumont Green Llc V. Duncan
All Decisions
Landlord brought a holdover proceeding against tenant for failing to vacate the premises after the tenant of record passed away. Tenant claimed succession rights based on an alleged family-type relationship with the deceased tenant. Court applied the Braschi test and found tenant failed to meet her burden of proof to establish a family-type relationship. Judgment of possession granted to landlord. Key Legal Points: 1) Factors considered under the Braschi test to determine a family-type relationship; 2) Importance of providing concrete evidence to support a succession claim; 3) Being married to other people does not necessarily negate a family-type relationship, but …
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.
501 West 143rd Street Hdfc V. Park
1614 Midwood Holdings Llc V. Tiliaeva
Rh 507-517 West 171 St Llc V. Antigua
Rh 507-517 West 171 St Llc V. Antigua
All Decisions
The tenant's motion to reargue and for leave to conduct discovery regarding unexplained rent increases and the apartment's status as permanently exempt from rent regulation was granted. The court acknowledged the tenant's right to review the rental history beyond four years, finding ample need for discovery and directing the petitioner to produce documents requested within thirty days.
Administrative Appeal Decision - Wright, Thomas L (2022-03-30)
Administrative Appeal Decision - Wright, Thomas L (2022-03-30)
Parole Administrative Appeal Decisions
No abstract provided.
Administrative Appeal Decision - Tisdale, Joshua (2022-03-28)
Administrative Appeal Decision - Tisdale, Joshua (2022-03-28)
Parole Administrative Appeal Decisions
No abstract provided.