Digital Commons Network^™

Mei Ling Chow V. English

All Decisions

No abstract provided.

Az Dyre Ave Realty Corp. V. Wright

All Decisions

In this Bronx housing court case, the landlord's summary holdover proceeding against the tenant was dismissed due to numerous procedural errors. The landlord failed to file the affidavit of service within the required 3 days after service, instead resorting to the unauthorized EDDS system and neglecting to file on NYSCEF as mandated. Additionally, service through the building's mail slot was deemed improper. These missteps constituted a lack of personal jurisdiction and non-compliance with statutory requirements, resulting in the dismissal without prejudice. The landlord's cross-motion for use and occupancy and nunc pro tunc relief were also denied.Key legal points:Strict adherence to …

Payne V. Signature Mgt. Assoc. Inc.

All Decisions

Tenant, a residential superintendent, was terminated and then evicted by landlord. Tenant brought this action alleging a violation of the labor law and seeking reinstatement, back wages, compensatory damages, and liquidated damages. Landlord brought a motion to dismiss the tenant's action and to enforce a purported settlement agreement. The court denied landlord's motion to dismiss and to enforce the settlement agreement, finding that the parties had not agreed to all of the material terms of the settlement. The court granted tenant's motion to stay the eviction proceeding pending a resolution of this action, conditioned on tenant paying use and occupancy. …

Hamilton Heights Terrace Assoc. V. Aurora Espillat Vargas & Sabrina Espillat

All Decisions

Landlord's claim for non-payment and eviction dismissed due to insufficient notice to tenant regarding termination of subsidy and tenancy rights. Key Legal Points: VAWA notice not provided with termination or eviction notices, violating federal law. Notices lacked information about tenant's right to meet with manager, violating HUD regulations. Lack of proper predicate notice rendered landlord's case unviable.

Matter Of 559 W. 156 Bcr Llc V. Nys Div. Of Hous. & Community Renewal

All Decisions

A tenant in a rent-controlled apartment claimed her landlord wrongfully denied her renewal lease. The tenant's parents previously agreed to vacate their rent-controlled unit for another apartment with financial incentives, but the court ruled the agreement invalid due to lack of evidence about informed consent and DHCR approval. On appeal, the landlord argued further fact-finding was impossible with deceased parents, but the court disagreed and remanded the case back to DHCR for a more thorough investigation of the circumstances surrounding the parents' surrender of their rent-controlled apartment. Key Legal Points:Tenants in rent-controlled apartments have strong protections against eviction and non-renewal …

2 Riverside Drive Llc V. Truth

All Decisions

The landlord sued the tenant for unpaid rent from October 2021 through August 2023. The court granted the landlord's motion for default judgment against the tenant for $40,425, plus costs and disbursements. The court also allowed the landlord to seek an additional judgment for attorney fees, but the amount will be determined later based on further documentation. Key legal points: The tenant did not appear in court. The landlord established that the tenant was a month-to-month tenant after the expiration of their lease. The landlord provided evidence of the unpaid rent amount. The court was skeptical of the landlord's requested …

109th Affordable Housing Llc V. Taveras

All Decisions

No abstract provided.

1267 Rogers Avenue Llc V. Morgan

All Decisions

In this non-payment case before the Civil Court of the City of New York, Kings County, the landlord, 1267 Rogers Avenue LLC, filed a petition against the tenant seeking payment of rent. The tenant, Tamisha Morgan, moved for leave to reargue a prior decision/order and sought summary judgment and dismissal of the landlord's case, along with a hearing on her counterclaims. The court granted the tenant's motion, finding that the landlord had failed to comply with the Rent Stabilization Code regarding a defective 14 Day Notice. As a result, the court dismissed the landlord's petition for failure to comply with …

New York City Hous. Auth. V. Barrett

All Decisions

A tenant of a NYCHA apartment plagued by severe roach, spider, and mice infestations won a temporary relocation, rent abatement, and violation order against the landlord (NYCHA). Citing the uninhabitable conditions and breach of habitability warranty, the court ruled for: tenant's relocation to eradicate the infestation, complete rent abatement until the apartment is habitable, immediate NYC Housing Maintenance Code violation repair orders, and reporting of the situation to the Consent Decree monitor overseeing ongoing improvements at NYCHA. This case highlights tenant rights to safe and healthy housing and the landlord's responsibility to maintain those conditions.

Matter Of 10 W. 65th St. Tenants Assn. V. New York State Div. Of Hous. & Community Renewal

All Decisions

For a Judgment Pursuant to CPLR article 78.

Holograms Are Taking Over The World! An Analysis On Legal Implications Holograms Pose In Right Of Publicity And Copyright Law, Marie A. Kessel

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

The Use Of Clearview Ai To Support Warrants Violates The Fourth Amendment, Kevin Johnson

Fordham Intellectual Property, Media and Entertainment Law Journal

Social media platforms encouraged millions of Americans to post hundreds of photos of themselves on the Internet. Clearview AI, a tool that harnesses “publicly available” online images for facial recognition, violated those platforms’ terms of service to collect those photos and in doing so de-anonymized millions of Americans. This Note examines the Fourth Amendment implications of law enforcement’s use of Clearview AI and its compatibility with constitutional protections. This Note argues that the use of Clearview AI by police to support warrant applications runs afoul of established legal standards by analyzing the evolution of Fourth Amendment ju …

Who Belongs?: “We The People” In The Twenty-First Century, Stephen M. Feldman

Fordham Urban Law Journal

No abstract provided.

The Illusion Of Defendant Autonomy And The Moral Harm Of Self-Incrimination In Mccoy V. Louisiana, Titus Levy

Fordham Urban Law Journal

No abstract provided.

Ability To Pay: Closing The Access To Justice Gap With Policy Solutions For Unaffordable Fines And Fees, Lauren Jones

Fordham Urban Law Journal

No abstract provided.

Urban Renewal’S Grandchildren: Remedying The Persistent Effects Of Post-War Race Planning, David Dante Troutt

Fordham Urban Law Journal

No abstract provided.

Adequate Procedure For Adequacy Claims, Carley O'Toole

Fordham Urban Law Journal

No abstract provided.

Prosecutorial Conduct Commissions: A Possibility For Accountability?, Rachel A. Nolan

Fordham Urban Law Journal

No abstract provided.

The “Second Amendment Of Food”: Some Reflections On American Liberalism, Amy J. Cohen, Mathilde Cohen

Fordham Urban Law Journal

No abstract provided.

Emergency Relief: Modernizing Bankruptcy After Purdue And The Texas Two-Step Cases, Brandon Shirazi

Fordham Urban Law Journal

No abstract provided.

When Your Life Depends On It: Understanding And Preparing For The Credible Fear Interview, Lauren Reveal

Fordham Urban Law Journal

No abstract provided.

Right To Counsel For Tenants Facing Eviction: Justification, History, And Future, John Pollock

Fordham Urban Law Journal

No abstract provided.

Offshore Wind: A Comparative Of The United States And Norway

Fordham Environmental Law Review

No abstract provided.

Assessing The Human Right To Water And Sanitation In International Law And The Conflict In The Nile Basin

Fordham Environmental Law Review

Ethiopia’s construction and operation of the Grand Ethiopian

Renaissance Dam (GERD) on the Blue Nile has intensified the long-

standing water conflict involving Ethiopia, Egypt, and Sudan, and

highlights the urgent need for a new legal framework for the Nile

Basin’s governance. This article traces the history of the international

human right to water and sanitation and previous attempts to govern

water use in the Nile Basin. We argue that outdated colonial-era

treaties, which Egypt and Sudan insist on using as a baseline for

negotiations, are a significant obstacle to resolving the Nile conflict

and managing the region’s water resources …

Debts And Desertion: Bankruptcy Law And The Orphan Well Crisis

Fordham Environmental Law Review

The issue of orphan wells—unplugged and unproductive oil and

gas wells with no responsible operator—poses a significant

environmental and public health threat in the United States. The scale

of this crisis is alarming: there are over 120,000 documented orphan

wells and potentially millions more undocumented. These wells are

often significant sources of methane emissions and other toxins that

exacerbate climate change and endanger the health of surrounding

communities. This paper examines the orphan well crisis, exploring

how wells become orphaned and the environmental and health

impacts associated with them. Furthermore, it delves into how the

situation is likely to worsen …

Juror Privacy Via Anonymity, Jayne S. Ressler

Fordham Law Review

Anonymous juries delivered verdicts in the hush-money criminal trial of Donald J. Trump, as well as both of E. Jean Carroll’s defamation cases against him. After the defamation cases concluded, the judge cautioned the jurors against ever publicly revealing their identities. This was sound advice, as recent doxing, threats of violence, and online posts filled with hatred and vitriol illustrate the dangers facing American jurors. The scholarly literature analyzing anonymous juries focuses primarily on the propriety of their use in criminal cases to protect jurors from physical harm. Missing from the conversation, however, is an examination of anonymity’s role in …

Political Neutrality In The Rules Of International Sports Federations: Compatible With Fundamental Freedoms?, Ilias Bantekas

Fordham Intellectual Property, Media and Entertainment Law Journal

International sports federations celebrate and impose strict political neutrality in their institutional rules. Such neutrality is inconsistent with the individual rights of athletes to freedom of expression and peaceful assembly. The contractual basis of such restriction is irrelevant because fundamental rights are constitutionally entrenched and cannot be limited by contract or law, save for if the expression incites to violence, hatred, discrimination or is otherwise inconsistent with criminal law. There is no empirical evidence suggesting that restricting the political expression of influential athletes leads to generalized political or other violence. Instead, it is clear that international sports federations, and particularly …

Is Garcetti Too Cool For School?: Why Garcetti V. Ceballos Should Not Apply To School Teachers, Jordan Zaia

Fordham Intellectual Property, Media and Entertainment Law Journal

The First Amendment is implicated by students and teachers every day in public schools. For years, courts followed the test established in Pickering v. Board of Education to analyze free speech claims for public school teachers. However, teachers’ protections were changed in 2006 when the U.S. Supreme Court decided Garcetti v. Ceballos. Since then, the circuits have inconsistently applied this test in cases relating to education. With the circuit split and high-profile cases rising in the federal circuits, the Supreme Court may have an opportunity to resolve the issue.

This Note advocates for the Supreme Court to rule that Garcetti …

Cross-Border Data Regulatory Frameworks: Opportunities, Challenges, And A Future- Forward Agenda, Andrew D. Mitchell, Neha Mishra

Fordham Intellectual Property, Media and Entertainment Law Journal

This Article evaluates the existing regulatory framework for cross-border data flows across Bahrain, Djibouti, Jordan, Kuwait, Morocco, Nigeria, Oman, Pakistan, Rwanda, and Saudi Arabia. A common factor among these countries is that they are members of the Digital Cooperation Organization (“DCO”). It considers how these countries have devised laws, regulations, and policies on cross-border data flows to enable digital trade, and how these instruments promote the growth of a robust digital economy, both domestically and internationally. The Article then offers policy recommendations for DCO members to consider in developing relevant laws and regulations on data flows.

These …

Anti-Drag Laws And Free Speech: The First Amendment Case For Protecting Drag, Dr. Joel Timmer

Fordham Intellectual Property, Media and Entertainment Law Journal

In 2023, there were six federal court cases involving anti-drag laws or government denials of permission to hold drag shows on public property. All but one of these cases concluded that drag shows constituted expressive conduct protected by the First Amendment. Four of the cases involved challenges to recently enacted anti-drag laws, and in each of those cases, the courts found the laws to violate the First Amendment on multiple grounds, including not being narrowly tailored to achieve their purpose, as well as being vague and overbroad. However, one court, ruling on a denial of permission to …