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252685 St Llc V. Feifei Gu

All Decisions

In this holdover-illegal use case, the landlord sought injunctive relief against the tenant, alleging destruction of property, defamation, and interference with property use. The court granted the landlord's motion, enjoining the tenant from destroying property, placing unauthorized cameras, posting defamatory remarks, contacting the landlord's employer, and interfering with property use. Key legal points include proper service of process, prima facie evidence of service, and the landlord's entitlement to injunctive relief against the tenant's wrongful actions.

City Of New York V. Elizabeth St., Inc.

All Decisions

In a holdover breach of lease proceeding, the City of New York sought possession of premises leased to Elizabeth Street, Inc. The court ruled in favor of the City, awarding possession of the premises and a money judgment against Elizabeth Street, Inc. The decision was based on the termination of a month-to-month lease and the City's plans to develop the premises for affordable housing. The court granted a stay of eviction for four months, citing the need for salvage and pre-development work.

Koti V. Vasquez

All Decisions

In this owner's use holdover proceeding, the landlord sought possession of an apartment, alleging immediate and compelling necessity for personal occupancy. However, the court granted the tenant's motion to dismiss, finding the predicate notice insufficient. The notice lacked specificity regarding the landlord's intent and failed to provide factual details supporting the claimed necessity for occupancy. The court emphasized that a notice of termination must include specific allegations relevant to the particular proceeding, not merely statutory language, to sustain an eviction action.

Eltorai V. Healy

All Decisions

In this non-payment case, respondents sought discovery regarding their affirmative defense and counterclaim of breach of warranty of habitability under Real Property Law § 235-b. The court applied the "ample need" standard, considering factors from New York University v. Farkas, and granted discovery for specific documents, finding them tailored to clarify issues or aid settlement. While denying some requests as overly broad, the court ordered production of relevant documents, acknowledging the complexity of habitability claims.

418 W. 130 St. Llc V. Espinal

All Decisions

In this holdover-licensee case, the court dismissed the proceeding after determining that the tenants, despite not being named on the lease, were entitled to succeed to the rent-stabilized tenancy as family members of the prior tenants. The court emphasized the legal right of co-tenants to occupancy independent of each other and the importance of preventing dislocation of long-term residents. The decision underscores the significance of familial relationships and the remedial purpose of succession rights in rent-stabilized housing.

57 Elmhurst Llc V. Morales

All Decisions

In this nonpayment case involving a rent-stabilized building, the tenant moved to dismiss the proceeding and for sanctions against the landlord. The court granted the tenant's motion to dismiss, finding that the rent demanded ($248.80) was entirely covered by a $50 permanent monthly rent reduction ordered by DHCR due to a reduction in building services. The landlord had improperly commenced the case despite the DHCR order. While denying the tenant's request for sanctions, the court imposed a $5,000 sanction on the landlord sua sponte for violating a prior order to cease maintaining such cases without accounting for the DHCR rent …

Eny Development Llc V. Youmans

All Decisions

This was a licensee holdover proceeding commenced by the landlord after the death of the rent-stabilized tenant of record, Louis Youmans. The respondent, Shariff Youmans, moved to dismiss for failure to name the estate of Louis Youmans as a necessary party. The court granted the motion and dismissed the petition without prejudice. It found that upon the tenant's death, the lease did not terminate but became property of the tenant's estate. As the lease term was still in effect when the proceeding was commenced, the landlord was required to terminate the tenancy and obtain a judgment against the tenant's estate …

Azad V. Ahmed

All Decisions

The landlord initiated a holdover proceeding based on a 30-day termination notice, claiming the premises were an "illegal" unit. However, the tenant presented an executed lease indicating otherwise. The court dismissed the petition, ruling that the lease was valid, and there was no evidence supporting the claim of an illegal unit. Additionally, the court noted discrepancies in the petitioner's description of the premises, leading to the dismissal of the case due to a defective predicate notice.

Rethinking Jurisdictional Maximalism In The Wake Of Mallory, Sayer Paige

Fordham Law Review

Jurisdiction-by-registration is the idea that by virtue of registering to do business in a state, corporations prospectively consent to jurisdiction on claims made against them in that state. For decades, this concept has stagnated behind the minimum contacts analysis developed by International Shoe Co. v. Washington and its progeny. Among other reasons, plaintiffs and states were not sure whether jurisdiction-by-registration withstood the Due Process Clause. But as the U.S. Supreme Court continued to narrow the limits of contacts-based jurisdiction, plaintiffs returned to registration based jurisdiction to recapture corporate defendants. Courts largely rejected these assertions. Then, in Mallory v. Norfolk Southern …

Initial Steps For Lawyers Appealing Parole Denials, Parole Preparation Project

All Categories

No abstract provided.

901 Bklyn Realty Llc V. Perrineau

All Decisions

In this non-primary residence holdover proceeding, the court dismissed the petition, ruling in favor of the tenant. The tenant successfully asserted a defense of succession rights, demonstrating a long-term emotionally-committed relationship with the former tenant. The court applied the criteria established in Braschi v Stahl Assocs. Co. and emphasized the importance of evaluating the totality of the relationship rather than relying solely on formal financial documents.

Zhang V. Lls Realty Associates, Llc

All Decisions

In a Holdover-Lease Expiration case in the Supreme Court, New York County, tenants sought rent-stabilized lease, damages for rent overcharge, and attorney's fees. Landlord argued the Apartment was lawfully deregulated. The court held that the four-year rule did not apply to determine the Apartment's status. Neither party proved deregulation status. Landlord's motion for summary judgment was denied, while the tenant's motion was dismissed.

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 …

The Least Known Celebration Of America's Founding Principles—Law Day, The Honorable Katharine H. Parker, Anthony Petrosino

Fordham Law Review

Every year since May 1, 1958, the United States has recognized Law Day. Codified in 1961, it is “a special day of celebration” for Americans to reaffirm “their loyalty to the United States” and rededicate themselves “to the ideals of equality and justice under law in their relations with each other and with other countries.” Its purpose is to “cultivat[e] . . . respect for law that is so vital to the democratic way of life.” It tasks the President with issuing an annual proclamation calling for “public officials to display the flag of the United States on all Government …

A Love Story: Justice Sandra Day O’Connor And Fordham Law School, John D. Feerick

Fordham Law Review

On October 24, 1984, a few years after becoming the first woman Associate Justice of the U.S Supreme Court, Justice Sandra Day O’Connor arrived at Fordham University School of Law (“Fordham Law School”) to rededicate the school’s renovated and expanded building. Founded in 1905, and occupying a succession of sites in New York City, it is now located at 150 West 62nd Street in Manhattan. The school had undertaken for the first time a major capital campaign among its alumni to raise $7 million to make the rededication possible. Justice Earl Warren, then Chief Justice of the U.S. Supreme Court, …

Come, Let Us Reason Together, The Honorable Kent A. Jordan

Fordham Law Review

Judge Jordan has had a distinguished career at the bar as well as on the bench. After receiving a B.A. from Brigham Young University in 1981, and a J.D. from the Georgetown University Law Center in 1984, he served as a law clerk to District Judge James L. Latchum on the U.S. District Court for the District of Delaware. Subsequently, he spent a number of years in private practice at a Wilmington law firm, focused on intellectual property, as well as corporate and commercial litigation. He also served as an Assistant U.S. Attorney for the District of Delaware, including as …

Viewing Federal Rules Of Evidence 404(B) And 608(B) As Parts Of The Same Legislative Scheme: The Tightening Of Rule 404(B) Makes It The Right Time To Clarify Rule 608(B), Edward J. Imwinkelried

Fordham Law Review

Part I of this Essay argues that the substantive and procedural standards for admitting bad acts evidence under Rule 404(b) have been toughened. As a matter of substance, several courts have repudiated the use of buzzwords such as “res gestae,” and other courts now subject prosecution proffers to more rigorous scrutiny when the government endeavors to invoke such theories as the doctrine of objective chances, the inextricable intertwinement doctrine, and proof of plan. Perhaps even more importantly, on the procedural front, there are now pretrial notice requirements that give the defense much more time to evaluate and critique the prosecution’s …

Impeaching With An Alleged Prior False Accusation, Erin Murphy

Fordham Law Review

The Court’s categorical recognition of bias as a constitutionally protected, and therefore rape-shield recognized, exception to the general bar on evidence of sexual history has led to questions about whether other forms of impeachment might also evade rape shield restrictions. In particular, courts have grappled with the admissibility of impeachment by evidence of a prior false accusation (PFA).

The current treatment of PFAs is inconsistent and controversial for several reasons. First, as explained further in Part I, there is a lack of clear guidance in the rules about how such evidence should be treated. Second, of course, there are the …

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 …

From Poll Tests To The Purcell Doctrine: Merrill V. Milligan And The Precarious Preservation Of Voting Rights, Charis Franklin

Fordham Law Review

The Voting Rights Act of 1965 (“the Voting Rights Act”) is one of the primary vehicles by which plaintiffs receive injunctive relief ahead of elections. More specifically, § 2 of the Voting Rights Act allows plaintiffs to challenge gerrymandered maps before they are used in contentious elections. However, Justice Kavanaugh’s reframing of the Purcell doctrine in Merrill v. Milligan weakened § 2’s ability to interrupt the use of these maps. This Note discusses how Justice Kavanaugh’s interpretation of the Purcell doctrine recenters the doctrine on bureaucratic inconvenience rather than voter enfranchisement, restricting voters’ access to relief prior to elections. Furthermore, …

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 …

An Apt Analogy?: Rethinking The Role Of Judicial Deference To The U.S. Sentencing Guidelines Post-Kisor, Amy Walker

Fordham Law Review

Since its inception in 1984, the U.S. Sentencing Commission (the “Commission”) has struggled to garner and maintain a sense of legitimacy among federal judges. The tension is both a story about competing expertise between judges and the Commission and competing values, namely uniformity and individuality. In 1993, the U.S. Supreme Court in Stinson v. United States prioritized uniformity by telling lower courts to treat the Commission as they would any other administrative agency. Lower courts—for the most part—faithfully executed this directive until 2019, when the Supreme Court in Kisor v. Wilkie gave them another option, one that seemed to leave …

Haskins V. Gutierrez

All Decisions

This holdover proceeding, based on a 90-day termination notice, was dismissed without prejudice. The tenant successfully argued that the termination notice failed to mention her Section 8 voucher, a crucial detail required by law. The court emphasized that such notices must accurately describe the tenancy, including any Section 8 status, to fulfill regulatory requirements. As the notice was deficient and could not be amended, the petition was dismissed.

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.

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.

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.

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.

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.

True Group Llc V. Espada

All Decisions

In this nonpayment proceeding, the tenant moved for summary judgment dismissing the petition on the grounds that the building lacked a valid certificate of occupancy in violation of the Multiple Dwelling Law (MDL). The court granted the tenant's motion after finding that, although the building predated certificate of occupancy requirements, substantial alterations converting class B units to class A apartments necessitated a new certificate per MDL § 301. Despite the landlord's claims of compliance with laws during renovations, it failed to refute an open HPD violation requiring legalization and a new certificate or provide any evidence of a valid, even …

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.