Digital Commons Network^™

Miracle Temple Apostolic Holiness Church Of Am., Inc. V Mack And Heward

All Decisions

In this holdover proceeding, the landlord sought to evict month-to-month tenants based on a 90-day notice, claiming exemption from the Good Cause Eviction Law (GCEL) under RPL § 214(14) as a religious institution. The tenants moved to dismiss, arguing the landlord failed to state a cause of action. The court interpreted RPL § 214(14) to require current use of the premises by the religious facility, not merely future intent to house missionaries. Finding that the landlord's current use was only for rental purposes and the unit was not tax-exempt or currently affiliated with the church, the court granted the tenants' …

2904 Atlantic Avenue, Llc V. Hoyte

All Decisions

The Appellate Term affirmed the Civil Court's denial of the tenant's motion for summary judgment on an overcharge counterclaim for the period March 2017 to March 2019. The court held that Part F of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which extended the statute of limitations for overcharge claims to six years, does not apply retroactively to claims that accrued before the HSTPA's effective date in June 2019, even if not yet pending. The court, bound by First Department precedent, found a DHCR regulation inconsistent with this interpretation and limited overcharge damages to four years under …

Jones Living Trust V. Burnell

All Decisions

The Appellate Term reversed a Civil Court order that dismissed a holdover petition based on a defective notice of petition. The tenant had moved to dismiss, arguing the notice failed to conform to the mandatory form under 22 NYCRR § 208.42(b). The Appellate Term held that while non-conformity may be jurisdictional, here the notice was substantially compliant with the spirit and intent of the sample notice. Minor differences pertained to form, not substance, and did not prejudice the tenant's rights. The case was remitted for the Civil Court to determine the remaining branches of the tenant's motion.

1362 Ocean Llc V. Phillip

All Decisions

In this nonpayment proceeding, the court granted the tenant's motion for summary judgment, dismissing the landlord's petition. The court awarded a 100% rent abatement for May-November 2024 due to rent-impairing violations under MDL § 302-a, specifically a leaky roof in common areas. The landlord's claim of denied access was rejected as the violations were in areas under its control. Additionally, the court found the landlord engaged in harassment, directed HPD to place a Class C violation, ordered the landlord to cease harassing conduct, and imposed a $5,000 civil penalty. The tenant's escrowed funds were released.

5539-181 & 182 Prospect Park W. Brooklyn Llc V. Rivera

All Decisions

In this licensee holdover for succession rights to a rent-controlled apartment, the landlord sought possession after the tenant-of-record's death, alleging the respondent was a licensee without succession. The landlord served judicial subpoenas on the Administration for Children's Services (ACS) and the Office of Children and Family Services (OCFS) for extensive records related to the deceased tenant's foster parenting. The tenant moved to quash the ACS subpoena, arguing it was impermissibly broad, a fishing expedition, and sought confidential information about non-party minors. The court granted the tenant's motion, finding the landlord was not a proper party to seek foster care records …

Unequal Shelter: A Constitutional Challenge To The Adams Administration’S Differential Treatment Of Migrants Under New York’S Right To Shelter Laws, Alexandra Arleo

Fordham Urban Law Journal

No abstract provided.

Discrimination In The Trademark Id Manual, Rachael Dickson

Fordham Intellectual Property, Media and Entertainment Law Journal

Using evidence drawn from the USPTO’s treatment of 221 identifications submitted for inclusion in the Trademark ID Manual (including 43 this Author submitted on their own and as part of a team), this Article, the first ever written on the ID Manual, argues that the USPTO’s administration of the Manual systematically disadvantages trademark applicants offering lawful but socially disfavored goods or services, such as those relating to cannabis, sexual health, or “vice.”

By deliberately refusing to include identifications of goods and services relating to entire categories of commerce in the ID Manual, the USPTO imposes higher costs, greater uncertainty, and …

Outside Counsel Guidelines: Power, Ideology, And The Evolution Of The Corporate Bar, Bruce A. Green, Eli Wald

Faculty Scholarship

Outside Counsel Guidelines (“OCGs”), terms of the lawyer–client relationship imposed by corporations, are a significant development in the practice of law by large corporate law firms (“BigLaw”). Among the most controversial OCGs are those that expand on law firms’ fiduciary obligations, thereby restricting their future clientele. The organized bar maintains that rules of professional conduct should restrict lawyers’ acquiescence to these OCGs because they limit clients’ access to legal services and undermine lawyers’ independence without advancing corporate clients’ legitimate interests.

This Article shows why the bar’s effort has (very recently) deservedly failed: corporate clients have a legitimate interest in demanding …

Yorkville Plaza Assoc. Llc V. Guo

All Decisions

In this Good Cause Eviction Law (GCEL) holdover proceeding, the landlord sought to non-renew the tenant's month-to-month tenancy due to alleged nonpayment of rent under Real Property Law § 216(a)(i). The tenant moved to dismiss, arguing the absence of a formal lease and pleading defects. The landlord cross-moved to amend the petition. The court denied the tenant's motion, holding that RPL § 216(a)(i) does not mandate a formal rental agreement for non-renewal based on nonpayment, unlike summary nonpayment proceedings. The landlord's cross-motion to amend was granted. The court further clarified that "rent due and owing" under GCEL requires proof of …

Linden 305 Llc V. Miller

All Decisions

In this licensee holdover, the tenant moved to disqualify the landlord's counsel, arguing a conflict of interest because one of the firm's attorneys previously represented the tenant in a substantially related prior proceeding. The court found that a presumption of disqualification arose, but the landlord rebutted it by demonstrating that the attorney lived out of state, was not involved in the current proceeding, did not possess material information, and the firm had established an ethical wall. The court denied the tenant's motion but prohibited the firm from discussing the case with the attorney in question.

Fort Washington Intercontinental Associates, Llc V. Ramirez

All Decisions

In this nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition. The landlord sought to recover rent from a residential tenant, but the tenant successfully argued that the building was in violation of Multiple Dwelling Law §§ 301 and 302. Specifically, the court found that the landlord had converted formerly residential units on the first floor into commercial medical offices, a use inconsistent with the building's I-Card. The court held that such commercial use, when inconsistent with a building's certificate of occupancy or I-Card, bars a landlord from recovering rent from any residential tenants …

Intercontinental St Nicholas Assoc. Llc V. Alvarado

All Decisions

In this nonpayment proceeding, the tenant moved to dismiss, arguing the landlord failed to obtain a valid certificate of occupancy (COO) after subdividing the apartment, violating Multiple Dwelling Law (MDL) § 301. The court found it undisputed that the apartment was altered requiring a new COO, which the landlord did not possess. Consequently, under MDL § 302(b), the landlord was barred from collecting rent for an apartment without a valid COO for the period of noncompliance. The court granted the tenant's motion, dismissing the nonpayment petition because the tenant has never lived in an apartment for which the landlord could …

Zotpri Llc V. Burton

All Decisions

In this nonpayment proceeding, the tenant, after retaining counsel, moved to amend their pro se answer to assert affirmative defenses of payment, laches, and breach of the warranty of habitability, along with counterclaims. The landlord opposed, arguing untimeliness and insufficient pleading of laches. The court granted the tenant's motion, allowing the amended answer with the payment and warranty of habitability defenses and counterclaims. However, the laches defense was stricken for insufficient pleading, as it failed to demonstrate lack of notice or prejudice to the tenant, beyond mere delay, which are essential elements for an equitable laches claim.

Acmh, Inc. V. Williams

All Decisions

In this holdover proceeding, the court granted the tenant's summary judgment motion and dismissed the petition. The landlord, a supportive housing provider, failed to plead that the premises and tenancy are subject to OMH and DOHMH regulations, violating RPAPL § 741. The court noted the landlord's prior awareness of this pleading requirement, rejecting claims of inadvertence. It found significant prejudice to the unrepresented tenant due to this omission, which prevented proper adjudication. The landlord's cross-motion to amend the petition was denied.

Gladys Hampton Affordable Preservation, Llc. V. Goodwin

All Decisions

In this nonpayment proceeding, the tenant moved to consolidate several similar proceedings against the same landlord, citing common issues regarding VAWA compliance and the landlord's alleged failure to serve required HUD-5382 forms as a condition precedent. The landlord cross-moved for sanctions, alleging frivolous conduct. The court partially granted the tenant's motion to consolidate, combining cases in similar procedural postures involving the same building and petitioner. The court denied the landlord's cross-motion, finding the tenant's motion was not frivolous. The tenant's motion to dismiss the petitions was deferred and restored for a future status conference.

Afternoon Delight Fifth Avenue Associates, Llc V. Campbell

All Decisions

In this holdover proceeding, the landlord sought possession of a deregulated apartment after serving a non-renewal notice under RPL 226-c. The landlord moved for use and occupancy. The tenant cross-moved for leave to amend their answer and for summary judgment, arguing the landlord failed to serve the predicate notice. The court granted the tenant's motions, deeming the amended answer served and dismissing the proceeding without prejudice. The court found no affidavit of service of the predicate notice in the record, a statutory requirement and condition precedent for maintaining the holdover, thus denying the landlord's motion as moot.

Chan V. Encalada

All Decisions

In a nonpayment proceeding, the landlord's petition was dismissed. After a trial on tenant's counterclaims, the court found for the tenant, awarding a $20,000 rent abatement for breach of warranty of habitability due to conditions like damaged floors, mold, lack of heat/cooking gas, and pests. The tenant also proved harassment, receiving $1,000 in compensatory damages and $35,000 in punitive damages, citing the landlord's omission of essential services demonstrating intent or malice, including physical assaults. The court also ordered the landlord to correct all outstanding DHPD violations.

Hussain V. Nelson

All Decisions

The landlord commenced a holdover proceeding against the tenant, classifying them as a licensee following a foreclosure. The tenant moved to dismiss, arguing the termination notice was defective. The court determined the tenant, a former owner who sold the property to an entity that later faced foreclosure, was actually a tenant at sufferance, not a licensee. As such, the tenant was entitled to a 30-day notice of termination under RPL § 228, not the 10-day notice issued under RPAPL § 713. The court granted the tenant's motion to dismiss the proceeding without prejudice due to the improper predicate notice.

29 Flatbush Associates Llc V. Medina

All Decisions

In this licensee holdover for a rent-stabilized apartment, also subject to LIHTC, the tenant moved for summary judgment asserting succession. The landlord opposed, arguing succession would violate LIHTC rules due to the successor's household size and income, jeopardizing tax credits. The court held LIHTC rules do not preempt RSC succession. It found the regulatory agreement provides exceptions for compliance, and prior non-inclusion on household composition does not bar succession. The court denied the landlord's cross-motion and granted the tenant's motion for summary judgment, finding succession established and dismissing the proceeding.

Macias V. Macias

All Decisions

The landlord initiated a summary holdover proceeding to evict the former spouse, categorized as a tenant at will or sufferance, after their divorce. The tenant sought dismissal, asserting lack of subject matter jurisdiction and a defective predicate notice. The court denied the dismissal motion, affirming its jurisdiction over tenancies at will or sufferance under RPAPL § 711(1) and RPL § 228, clarifying that the spousal support obligation did not preclude jurisdiction. Although the court granted the tenant leave to file a late answer, it proceeded to a summary determination, concluding that no triable issues of fact existed since the tenant …

Ceylon Leasing; Lp V. Ventura

All Decisions

In this nonpayment proceeding; the court held a traverse hearing after the tenant moved to vacate a default judgment. Both the process server and the tenant were deemed credible. However; the court found the landlord failed to prove proper in-hand service of process by a preponderance of the evidence; citing a significant discrepancy between the tenant's physical appearance and the description in the affidavit of service; which aligned more closely with the tenant's mother. As the landlord did not move to amend the service type; the court could not sua sponte deem it substitute service. Consequently; personal jurisdiction over the …

Clinton Arms Associates V. Gonzalez

All Decisions

In this nonpayment proceeding for a project-based Section 8 unit, the court granted the tenant's motion to amend her answer and for summary judgment, dismissing the case. The landlord failed to comply with mandatory HUD Handbook recertification and termination procedures, including serving deficient and untimely notices lacking required information and proof of both mailing and personal delivery. Inconsistencies in the tenant's file further highlighted the landlord's procedural failures, which improperly terminated the tenant's subsidy. As the subsidy termination was improper, the landlord was barred from maintaining a nonpayment proceeding based on market rent.

Clinton Arms Associates V. Gonzalez

All Decisions

The court granted the tenant's motion for summary judgment, dismissing the landlord's nonpayment petition. The landlord sought market rent after purporting to terminate the tenant's HUD Project-Based Section 8 subsidy. However, the landlord failed to demonstrate compliance with HUD Handbook regulations for recertification and subsidy termination. Specifically, the recertification and termination notices lacked required information, proof of proper service (including attempted personal delivery for termination), and timely issuance. The court found that deficient recertification notices, which did not state the exact market rent, preclude a nonpayment proceeding. No question of fact existed regarding the landlord's non-compliance, necessitating dismissal.

Are Your Secrets Safe?: Imposing A Fiduciary Duty On Healthcare Ai Developers Dealing With Sensitive Health Information, Lauren Quinn

Fordham Law Review

In 1996, Congress passed the Health Insurance Portability and Accountability Act (HIPAA) to establish standards for transmitting health information. For decades, the HIPAA Privacy Rule has operated as the primary regulation protecting health information in the United States. However, in the decades since HIPAA was enacted, new technologies have demonstrated the shortcomings of the Privacy Rule. In particular, the development of healthcare artificial intelligence (AI) has created new privacy concerns and exacerbated existing ones. This Note examines the current healthcare privacy framework in the United States and considers how healthcare AI complicates it. This Note also explores how AI developers …

Marion Realty Llc V. Hall

All Decisions

In this non-primary residence holdover, the tenant moved to vacate a two-attorney stipulation of settlement, entered into with prior counsel, which required her to surrender possession. The court denied the tenant's motion, finding no evidence of fraud, collusion, mistake, or accident to invalidate the agreement. The court emphasized that a change of heart or perceived poor bargain by a represented party is insufficient to vacate a duly negotiated stipulation. As a result, the landlord may issue a warrant of eviction against the primary tenant. However, the court granted the co-respondent's motion to dismiss, as the landlord improperly used a "John …

201 Linden Blvd Partners, Llc V. Samuel

All Decisions

Court dismissed nonpayment petition because the rent demand failed to credit earmarked DSS/HRA shelter payments and sought rent in excess of the collectible legal regulated rent under a DHCR rent reduction order. Court rejected landlord's contention that the variance between actual arrears owed and the allegations in the rent demand was de minimis.

Dunbar Apt. Holdings Llc V. Johnson

All Decisions

The court granted the tenant's motion to amend her answer and for discovery related to a rent overcharge counterclaim. The tenant's counsel argued that a large increase in the registered rent, following a period of purported temporary exemption, was unreliable under the amended Rent Stabilization Code. The court agreed, citing a recent First Department decision and noting that the 2014 amendment to the Rent Stabilization Code bars a landlord from charging a "first rent" after a temporary exemption. The decision allows the tenant to proceed with discovery to determine the reliability of the rent history.

Ppc Residential Llc V. Urtarte

All Decisions

In a nonpayment proceeding where the petition was dismissed, the court denied the landlord's motion to dismiss the tenant's counterclaims. The court held that the counterclaims, which alleged **breach of the warranty of habitability**, survived the dismissal of the petition because the amended answer containing them had been deemed filed prior to the dismissal. The court also denied the landlord's request for an extension of time to file a reply, finding they failed to provide a reasonable excuse for the delay. The court, however, did grant the landlord's motion to join the condominium board as a necessary party, to determine …

5539-181 & 182 Prospect Park W. Brooklyn Llc V. Rivera

All Decisions

In this licensee holdover, the tenant moved for summary judgment, arguing he was a "disabled person" under rent control regulations and thus only required to prove one year of co-residency for succession rights. The landlord argued against applying the broader definitions from the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), favoring the narrower standard of the original Americans with Disabilities Act (ADA) as applied in a prior appellate case. The court, however, ruled that whether the tenant is a "disabled person" is a triable issue of fact and that it may appropriately look to the ADAAA for guidance, …

Riverbay Corp. V. Dawson

All Decisions

In this nonpayment case, the tenant's attorneys made an oral motion for a civil penalty under CPLR § 5020(c) against the landlord for failing to file a satisfaction of judgment within 20 days after receiving full payment. The court dismissed the application, holding that Housing Court, a special proceeding, lacks jurisdiction to hear this claim. The court reasoned that CPLR § 5020(c) specifies that such a penalty is "recoverable by the judgment debtor" in a separate plenary action, not within the confines of a summary proceeding. The tenant was directed to pursue the claim in a different venue, such as …