Digital Commons Network^™

Foreign Judgments In U.S. Courts, Yanbai Andrea Wang

Fordham Law Review

American law on foreign judgments is at an inflection point. For over a century, the doctrine has been shaped by concerns about outgoing U.S. judgments seeking asset collection in the civil law countries of continental Europe. But shifting trade flows and changing litigation tactics have carved a new landscape, demanding a return to foreign judgments law’s conceptual and doctrinal underpinnings. This Article first maps the new landscape, in which China is rapidly rising as a foremost foreign judgments interlocutor. Meanwhile, litigants are increasingly pursuing parallel litigation in multiple countries. The impact of incoming judgments and the interactions between related litigations …

The Glomar Of It All: The Role Of External Disclosures In Agency Refusals To Confirm Or Deny Under Foia, Claire Paulanne Kurzweil

Fordham Law Review

The Freedom of Information Act (FOIA) requires federal agencies to disclose records upon request from the public, subject to statutory exemptions. Increasingly, agencies have relied on a nonstatutory mechanism, known as the Glomar response, to avoid disclosure. This mechanism, which allows agencies to refuse to confirm or deny the very existence of records, prevents courts and FOIA requesters from receiving even the basic information necessary for judicial review. As courts attempt to adapt FOIA’s review framework to the increased evidentiary constraints of Glomar responses, they are divided over whether to consider disclosures from outside the agency responding to the FOIA …

Reorganizing The Administrative State: Executive Ambition And Legislative Constraint, Jordan Graber

Fordham Law Review

Beginning in the 1930s, Congress enacted a series of statutes granting presidents the authority to initiate reorganizations of the administrative state. Under these reorganization statutes, the president determined any necessary changes in agency organization and submitted a reorganization proposal to Congress, which could approve or reject the plan. Over the next fifty years, the president and Congress worked cooperatively to promote the effective and efficient functioning of the administrative state.

Despite the successful reorganization initiatives undertaken pursuant to these statutes, Congress has not conferred reorganization authority on any president in the last four decades. As a result, the organization of …

The Unitary Executive And The Federal Reserve, Lev Menand

Fordham Law Review

The U.S. Supreme Court may soon embrace an interpretation of the U.S. Constitution that would significantly expand the power of the president over federal administrators and invalidate key provisions in dozens of federal statutes. A critical question is whether this interpretation—known as the unitary executive theory (UET)—would also render unconstitutional central bank independence (CBI), an arrangement where a country’s monetary policy is formulated by a semiautonomous body of experts insulated from partisan political pressure. Several justices have suggested that it would not, and a growing scholarly literature has proposed ways for the Court to distinguish the country’s central banking apparatus …

4128-4130 Carpenter Owner Llc V. Negron

All Decisions

In this non-payment summary eviction case, the landlord sought a default judgment after the tenant failed to appear, submitting an affidavit of non-military investigation. The tenant moved to vacate the default and impose sanctions, alleging the affidavit was false as he was hospitalized during the stated contact time. The court granted the tenant's motion to vacate the default, finding a reasonable excuse and a meritorious defense. The court further ordered a hearing on the imposition of sanctions against the landlord, concluding that conflicting affidavits raised factual questions about potentially frivolous conduct regarding the non-military investigation.

530 Manhattan Ave. Hous. Dev. Fund Corp. V Situ

All Decisions

In this appeal from a coop holdover, the Appellate Term affirms dismissal. The proprietary lease required service of a 30-day notice of default followed by a 5-day notice of termination before the conditional limitation could be invoked. Because the landlord served only a notice of termination without first serving the required notice of default, the conditional limitation was not properly invoked and the proceeding is dismissed.

Lex & Third 116th St. Corp. V Vargas

All Decisions

An appellate court reversed a lower court's order denying the tenant's motion for discovery in a nonpayment proceeding. The tenant sought discovery to determine if the premises constituted a horizontal multiple dwelling, which would subject it to rent stabilization. The appellate court found the lower court improvidently exercised its discretion, holding that the tenant demonstrated "ample need" for disclosure as the landlord possessed particular knowledge of the properties' ownership, management, and operation, and the tenant showed indicia of commonality between the buildings. The matter was remanded to the Civil Court to limit the scope of the overbroad discovery demands.

191 Street Llc V. Roa

All Decisions

In a nonpayment proceeding, the landlord filed a motion to reargue the court's post-trial decision that had awarded the tenants a significant rent abatement for breach of the warranty of habitability due to insufficient heat and elevator service. The court denied the landlord's motion, finding it was procedurally improper under CPLR § 2221 for rearguing a trial decision. Even if considered under CPLR § 4404(b), the motion was untimely and lacked merit, as the trial decision was not "palpably wrong" and was supported by the tenants' credited testimony and evidence, which the landlord failed to refute. The court upheld its …

Clermont York 82nd St. Llc. V Zgodny

All Decisions

The Appellate Term affirmed the Civil Court's dismissal of a landlord's holdover petition. The landlord sought to evict the tenant for failing to sign rent-stabilized renewal lease offers after the apartment, previously improperly deregulated due to J-51 tax benefits, was re-registered. The court found that the renewal lease offers were improper because the landlord failed to provide an initial stabilized lease and the renewals lacked mandatory components, such as a stabilization rider and registration statement, thereby justifying the tenant's refusal to sign. The court also noted that the rent calculation should adhere to HSTPA amendments.

Wilmington Savings Fund Society, Fsb V. Mcfarlane

All Decisions

A landlord bank commenced a post-foreclosure holdover proceeding under RPAPL § 713(5). After answers were filed, a subsequent purchaser of the property moved to be substituted as petitioner and for use and occupancy pendente lite. The court granted the substitution, finding the original landlord had standing at commencement and the new landlord met CPLR § 1018 requirements. However, the court denied the request for use and occupancy, as the statutory conditions under RPAPL § 745 for such an order had not yet been met. The new landlord bears the burden of proving proper commencement at trial.

Xie V. 25 Fayette Llc

All Decisions

In a small claims action, the Civil Court awarded the tenant $10,000 for flooding and mold caused by nearby Con Ed construction. The tenant established through testimony, photographs, and an HPD violation that the conditions existed. The court held that a landlord's nondelegable duty to maintain habitable premises extends to conditions caused by third parties. The award represents a partial rent abatement and compensation for damage to the tenant's furniture and belongings.

Peru Leasing L.P. V Sanchez

All Decisions

In this nuisance holdover, the court grants the tenant's motion to dismiss under CPLR 3211(a)(7). The notice of termination alleged only a single incident — one dog lunging at another dog, followed by an argument between their handlers. The court holds that a single incident without any allegation of repeated or persistent objectionable conduct is insufficient to state a nuisance claim, and that because such a defective predicate notice cannot be amended, the petition is dismissed.

Whitestone Equities Llc V C.C.

All Decisions

In this nonpayment proceeding, a guardian ad litem (GAL) sought compensation from the landlord for services rendered to a tenant residing permanently in a nursing home. The court denied the GAL's post-judgment motion, finding no statutory basis or justification to obligate the landlord to pay, as the litigation was not "unnecessary, unfounded or purely self-serving." The decision highlighted the systemic issues of the underfunded GAL Program, noting that the Human Resources Administration (HRA) typically declines to fund GALs for individuals "safely housed," even if they are rent-stabilized tenants. The court emphasized the need for legislative or agency-level solutions for GAL …

Francilot V. Mays

All Decisions

The court granted the tenant's motion for summary judgment, dismissing the landlord's holdover petition. The court found that the lease lacked a conditional limitation, which is necessary to automatically terminate a tenancy upon breach, allowing only the landlord's election to terminate. Without such a limitation, the landlord's proper remedy before lease expiration was an ejectment action, not a summary holdover proceeding. Additionally, the predicate notice to cure and notice of termination were deemed impermissibly vague, as they merely restated lease provisions and made conclusory statements about breaches without sufficient detail or new allegations arising during the cure period, thus rendering …

Riverton Square, Llc V. Serigne

All Decisions

In a nonpayment proceeding, the landlord claimed the apartment was exempt from rent stabilization due to high rent vacancy deregulation. The tenant challenged this deregulation and the proper monthly rent. Citing inconsistencies in the apartment's rent history, including varying rent registrations and periods of no registration, the tenant moved for discovery into the regulatory status and legal regulated rent. The court found "ample need" for discovery due to these unexplained irregularities and granted the tenant's motion, directing the landlord to produce the requested information.

Tracey-Douglas V. Douglas

All Decisions

In a holdover proceeding, the tenant's motion to dismiss was granted due to the landlord's failure to properly serve the predicate 60-day notice. The purported substitute service was defective as it lacked proof of required mailings. Additionally, the landlord failed to comply with the Good Cause Eviction Law (GCEL) pleading requirements. Although claiming a "small landlord" exemption, the petition did not provide the statutorily mandated disclosures and contained contradictory allegations regarding the grounds for eviction. The court dismissed the petition against all respondents.

Bronx Park East Housing Co. Inc. V Lazri

All Decisions

The landlord commenced a plenary action against a former tenant seeking recovery of rental arrears, damages, and legal fees. The landlord moved for summary judgment and to strike the tenant's answer. The court denied both motions, finding material issues of fact regarding the amount of debt owed. The landlord's rent ledger did not credit payments made after May 2022, whereas the tenant provided checks for payments made subsequently, creating a factual dispute requiring a trial. The motion to strike the answer was also denied due to these unresolved factual issues.

328 W 49, Llc V. Gaye

All Decisions

In this nonpayment proceeding, the landlord sought rental arrears. The tenant answered with rent overcharge counterclaims. The court granted the landlord's cross-motion to discontinue the nonpayment petition, noting arrears were paid. However, the tenant's overcharge counterclaims were permitted to proceed. The court also granted the tenant's motion for discovery regarding the unit's rent history, citing a substantial rent jump, registration gaps, and the applicability of *West Pierre Assoc. LLC v Harvey* allowing discovery beyond the base date without proof of fraud, back to the last reliable rent registration in 2003.

Jenkins V. Ducker

All Decisions

The Civil Court sua sponte dismissed a holdover action initiated by the landlord. The court found that the landlord failed to comply with the Good Cause Eviction Law (GCEL) notice requirements by not including the necessary small landlord disclosure under RPL §231-c and RPL §214(1) in the predicate notice. The court held that a defective GCEL notice is unamendable and constitutes a failure to meet a condition precedent for a holdover action. Consequently, the action was dismissed without prejudice, allowing the landlord to commence a new action after correcting the defect.

1436 Ocean Ave. Llc V. Hossain

All Decisions

The landlord brought a nuisance holdover against a rent-stabilized tenant, alleging consistent noise. The tenant moved to dismiss, arguing the landlord failed to provide a notice to cure as required by the lease. Although the Rent Stabilization Code typically does not require a notice to cure for nuisance, the court found that the lease's more stringent notice provision was binding, as the Code establishes minimum rights and does not preclude greater tenant rights by contract. The motion was granted, and the petition was dismissed, as the landlord failed to comply with the lease's notice to cure requirement.

Levine V. Xu-Kehrli

All Decisions

The Appellate Term affirmed a Small Claims judgment granting the tenant a full return of her security deposit and limiting the landlord's counterclaim for property damage. The court found the landlord failed to provide an itemized statement detailing the basis for retaining the deposit within 14 days of the tenant's vacatur, as mandated by General Obligations Law § 7-108 [1-a][e] for unregulated tenancies. The decision emphasized that substantial justice was accomplished, relying heavily on the trial court's assessment of witness credibility regarding the property damage claims.

875 River View Realty Llc V. Marzullo

All Decisions

The Appellate Term affirmed the Civil Court's order granting the landlord's motion to strike the tenant's jury demand in a holdover proceeding. The court found that the original lease, under which the tenant sought succession rights, contained an enforceable jury waiver provision that bound the tenant. The court also held that the landlord's motion to strike the jury demand was not untimely, nor did the tenant demonstrate prejudice due to any delay.

Pejudo Realty Corp. V. Bryk

All Decisions

The Appellate Term reversed the Civil Court's sua sponte dismissal of the landlord's nonpayment petition, reinstating it and remanding for further proceedings. The lower court had dismissed the petition due to alleged defects, even though tenants failed to appear and landlord was not given notice or an opportunity to be heard. The Appellate Term held that sua sponte dismissal, while not appealable as of right, is an extraordinary remedy only justified in rare circumstances. No such circumstances existed here, as tenants had not sought dismissal, and the landlord was denied due process. The Court did not rule on the merits.

1627-1635 Amsterdam Ave. Llc V. Wolfe

All Decisions

The court granted summary judgment dismissing this nonpayment petition because the subject building requires a certificate of occupancy but does not have one. Open Department of Buildings violations served as prima facie evidence of the deficiency, which the landlord did not dispute. Relying on the controlling Court of Appeals precedent in Chazon, LLC v Maugenest, the court dismissed decisions the landlord cited to the contrary as outliers.

Maddicks V. 106-108 Convent Bcr, Llc

All Decisions

The Appellate Division affirmed the denial of tenants' motion, seeking a declaration of a rent overcharge scheme. The motion, improperly brought under CPLR 906(1) and thus treated as one for summary judgment, was denied because tenants failed to provide all necessary documentary evidence, such as leases and underlying records for claimed improvements, to meet their prima facie burden. The court noted that while an attorney affirmation is permissible for admissible documents, personal knowledge is required for unrefutable facts. The court also clarified that post-2024 legislative amendments (L 2024, ch 95) eliminated the common law fraud standard and tenant affidavit requirement …

650 Crown Equities, Llc V. Sealey

All Decisions

In this nonpayment proceeding, the tenant moved to amend her answer to assert a fraudulent rent overcharge claim, overcharge damages, and discovery, citing a significant pre-HSTPA rent increase. The court denied the tenant's motion for a fraudulent overcharge claim and overcharge damages. However, it granted discovery to review the full rent history to determine a reliable basis for the 2007 rent increase, which would *prospectively* set the legal regulated rent. The court held that post-HSTPA overcharge damages for nonfraudulent pre-HSTPA conduct cannot be awarded if they rely on new, unconstitutionally retroactive calculation methods. Other proposed defenses were granted.

Federal National Mortgage Association V. Goffe

All Decisions

A landlord commenced a post-foreclosure holdover proceeding and moved to amend the caption to substitute a new owner as petitioner. The tenant cross-moved to dismiss for lack of standing, arguing the proposed new landlord was not the direct purchaser from the foreclosure sale. The court denied the landlord's motion and granted the tenant's cross-motion. It found that the proposed new landlord, being "one-step removed" from the original foreclosure purchaser, lacked standing under RPAPL §713(5) to maintain the proceeding. Consequently, the case was dismissed.

2676 Gc Llc V. Bido

All Decisions

This holdover proceeding for nuisance was dismissed without prejudice after the tenant's motion to dismiss was granted. The court found that the landlord vitiated the predicate notice of termination by accepting Section 8 rental subsidy payments from NYCHA during the 'window period' (after the termination date and before commencing the proceeding). The landlord failed to demonstrate that the acceptance was inadvertent or that efforts were made to return the payments, despite arguing that halting Section 8 payments was complex. A proper notice of termination is a required predicate, and its vitiation led to the landlord's failure to state a cause …

Neighborhood Coalition For Shelter V. Lasalle

All Decisions

Court dismissed licensee holdover petition for failure to adequately plead the facts upon which the proceeding is based as required by RPAPL § 741(4), where the predicate notices and petition contained irreconcilable inconsistencies, variously referring to respondent as both a 'licensee' and a 'tenant' with a 'lease agreement.' Court rejected petitioner's argument that the reference to 'tenant' was a mere ministerial error, holding that the inconsistent pleading failed to meet RPAPL § 741(4)'s requirements.

Residents Assoc. 186 E. 104 St. Hdfc V. Escorborg

All Decisions

Court granted partial summary judgment on respondent's Tenant Safe Harbor Act (TSHA) defense, holding that respondent's financial hardship declaration filed in 2025 created a rebuttable presumption of financial hardship during the TSHA covered period (March 7, 2020 to January 15, 2022), with no apparent statutory time limit barring belated filing. In the absence of any landlord objection or rebuttal, the court held that any judgment for rent arrears accrued during the covered period shall be non-possessory only.