Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (9721)
- International Law (1182)
- Intellectual Property Law (768)
- Constitutional Law (460)
- Entertainment, Arts, and Sports Law (414)
-
- Criminal Law (335)
- Civil Rights and Discrimination (229)
- Business Organizations Law (218)
- Environmental Law (214)
- Law and Society (195)
- Legal Ethics and Professional Responsibility (189)
- Banking and Finance Law (185)
- Administrative Law (147)
- Courts (138)
- Law and Politics (136)
- Judges (129)
- Property Law and Real Estate (126)
- Legislation (116)
- State and Local Government Law (116)
- First Amendment (114)
- Supreme Court of the United States (101)
- Legal History (100)
- Civil Law (95)
- Criminal Procedure (94)
- Election Law (94)
- Legal Profession (93)
- Torts (92)
- Civil Procedure (91)
- Jurisprudence (91)
- Law and Gender (88)
- Keyword
-
- Ethics (247)
- Constitution (242)
- Copyright (131)
- First Amendment (125)
- Constitutional law (109)
-
- Criminal law (107)
- Antitrust (105)
- Privacy (98)
- Bankruptcy (96)
- Fordham Law Student Newspaper (94)
- Evidence (92)
- Property (90)
- First amendment (89)
- Law (88)
- Regulation (88)
- Presidential Succession (84)
- Tax (84)
- Religion (83)
- Securities (83)
- Constitutional Law (80)
- Twenty-Fifth Amendment (80)
- 1984 Presidential Campaign (78)
- 25th Amendment (78)
- United States Politics (78)
- Women Politicians (78)
- New York (76)
- International Law (74)
- Race (74)
- Professional responsibility (73)
- Discrimination (72)
- Publication Year
- Publication
-
- Fordham Law Review (4271)
- All Decisions (1695)
- Fordham Urban Law Journal (1627)
- Fordham International Law Journal (1437)
- Faculty Scholarship (1083)
-
- Fordham Intellectual Property, Media and Entertainment Law Journal (691)
- Parole Administrative Appeal Decisions (374)
- Fordham Environmental Law Review (316)
- Decisions in Art. 78 Proceedings (305)
- Fordham Journal of Corporate & Financial Law (277)
- The Advocate (100)
- Law School Bulletins 1905-2000 (92)
- Fordham Law Review Online (86)
- Speeches (66)
- Correspondence (56)
- Fordham Law Voting Rights and Democracy Forum (44)
- Congressional Materials (36)
- Fordham Lawyer (33)
- Art. 78 Petitions (28)
- Reports (23)
- Faculty Bibliography (22)
- Art. 78 Responses (20)
- Res Gestae (19)
- 29th Annual Intellectual Property Law & Policy Conference (2022) (18)
- 27th Annual Intellectual Property Law & Policy Conference (2019) (17)
- Amicus Briefs (15)
- Maloney Matters (15)
- SJD Dissertations (15)
- Parole Administrative Appeal Briefs (14)
- Executive Branch Materials (13)
- Publication Type
- File Type
Articles 211 - 240 of 12990
Full-Text Articles in Entire DC Network
Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera
Chicana Professionalism: Embracing Greñas, Glitter & Boots, Luz E. Herrera
Fordham Law Review
No abstract provided.
Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe
Building A Professionally Socialized Immigration Bar: A Comparative Case Study, Jayanth K. Krishnan, Kunle Ajagbe
Fordham Law Review
No abstract provided.
“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel
“No Further Discussion Necessary”: Compliance As Professionalism In Legal Education, Sarah J. Schendel
Fordham Law Review
No abstract provided.
"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz
"In Better Times": The Basis Of Representation And The Forgotten History Of The Fourteenth Amendment, Jessica I. Gorovitz
Fordham Law Review
Over the past several years, the U.S. Supreme Court has incorporated history into the analysis of unenumerated individual rights, like abortion, and enumerated ones, like the right to keep and bear arms. But it has not incorporated history into its approach to individual rights claims of racial discrimination under the Equal Protection Clause, a methodological gap the Court has left unexplained. Rather, it has held that the purpose of the Fourteenth Amendment is to prevent racial classifications, largely citing its own precedent, eschewing the Amendment’s history. This approach conflicts with section 2 of the Voting Rights Act, which requires states …
At The Crossroads: Private Litigation And The Fate Of Sections 2 And 208 Of The Voting Rights Act, Aviva D. Kohn
At The Crossroads: Private Litigation And The Fate Of Sections 2 And 208 Of The Voting Rights Act, Aviva D. Kohn
Fordham Law Review
For six decades, private plaintiffs have stood at the center of Voting Rights Act (VRA) enforcement, bringing an overwhelming majority of the suits challenging discriminatory voting practices nationwide. Most federal courts have allowed private plaintiffs to sue for relief under the VRA. However, in 2023 and 2025, the U.S. Court of Appeals for the Eighth Circuit broke from this pattern, holding that neither section 2 nor section 208 of the VRA permits private litigants to sue for relief. The Eighth Circuit’s decisions rest on a narrow reading of congressional intent, a rigid application of Alexander v. Sandovaland Gonzaga University …
Art. 78 Contempt Decision - Ruzas, John E. (2017-10-18)
Art. 78 Contempt Decision - Ruzas, John E. (2017-10-18)
Article 78 Contempt Decisions
No abstract provided.
West Side Marquis Llc V. Maldonado
West Side Marquis Llc V. Maldonado
All Decisions
The Appellate Division reversed the Appellate Term, granting the tenant's cross-motion for summary judgment and dismissing the landlord's holdover petition. The landlord failed to timely offer a renewal lease to a successor tenant until after the Housing Stability and Tenant Protection Act (HSTPA) was enacted. The court held that the HSTPA applies, requiring the landlord to offer the renewal lease on the same terms and conditions as the predecessor's prior lease, including the preferential rent. The landlord could not leverage its own delay to avoid the HSTPA's provisions, as the tenant was entitled to a renewal lease prior to the …
Decision In Art. 78 Proceeding - Howard, Kevin (2026-02-06)
Decision In Art. 78 Proceeding - Howard, Kevin (2026-02-06)
Decisions in Art. 78 Proceedings
No abstract provided.
Matter Of Stuyvesant Town-Peter Cooper Village Tenants Association V. New York State Division Of Housing And Community Renewal
All Decisions
The First Department affirmed the Supreme Court's denial of the tenants' Article 78 petition challenging DHCR's grant of Major Capital Improvement (MCI) rent increases for a 2014 intercom replacement. The court deferred to DHCR's interpretation of former Rent Stabilization Code § 2522.4, which allows an MCI increase even within the useful life of an improvement if an MCI increase was not previously granted for that specific improvement. Finding DHCR's long-standing interpretation rational and consistent with precedent, the court concluded that the agency's determination was not arbitrary and capricious.
From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila
From Copper To Ashes: Violations Of The Right To A Healthy Environment And Health In Tsumeb, Namibia, Sarah Dávila
Fordham Environmental Law Review
The rights to a healthy environment and health are not new human rights to the African System for Human and Peoples’ Rights. In fact, they have been protected under the African Charter on Human and People’s Rights since 1981. However, outside of the established normative framework, a pressing issue arises in States where the extractive industry maintains a stronghold on the economy. The people of and around Tsumeb, Namibia, have been subjected to egregious human rights abuses and an environmental crisis. Their lives and environment have been historically and continuously destroyed due to the foreign-corporate extractive industry. The mining and …
Laudato Si’ And The Limits Of Law: Reflections On The Vocation To Protect Integral Ecology, Lucia A. Silecchia
Laudato Si’ And The Limits Of Law: Reflections On The Vocation To Protect Integral Ecology, Lucia A. Silecchia
Fordham Environmental Law Review
No abstract provided.
965 Fifth Ave. Owners, Inc. V. Nestor
965 Fifth Ave. Owners, Inc. V. Nestor
All Decisions
The Appellate Term affirmed the Civil Court's denial of the tenant's motion to vacate a default final judgment, which had awarded the landlord possession and over $800,000 for nonpayment of cooperative apartment maintenance arrears. The tenant failed to demonstrate a meritorious defense, as the warranty of habitability defense was unavailable to a non-resident. Other claims regarding alteration applications or plumbing fixture removal were found unavailing. The court determined the lower court's denial of the motion was a provident exercise of discretion, thus upholding the default judgment.
Regalado V. Hughes Avenue Corp. And The Department Of Housing Preservation And Development Of The City Of New York
All Decisions
In this HP proceeding, the tenant moved for civil contempt and civil penalties against the landlord for failing to comply with a consent order to correct HPD violations, including those for mold and lead-based paint. The court granted the tenant's motion, finding the landlord in civil contempt for non-compliance with the order. The landlord's arguments, including a vague superintendent's affirmation and an unauthenticated D.H.P.D. repair bill, were insufficient to rebut the presumption that violations persisted. The court imposed a $350 per day fine, payable to the tenant, until outstanding "C" and "B" violations are corrected, and referred the calculation of …
17 Pennsylvania Avenue Hdfc V. Ventura
17 Pennsylvania Avenue Hdfc V. Ventura
All Decisions
In this holdover proceeding concerning an HDFC, the Civil Court of the City of New York granted the tenant's motion for summary judgment, dismissing the case. The landlord sought to evict the long-term tenant, alleging good cause based on consistent failure to pay rent. However, after applying DRIE credits, the landlord's records only showed three months of unpaid rent totaling $1,500 from 2020. The court, citing precedent and emphasizing the affordable housing purpose of HDFCs, found that this minor, unpursued debt from several years prior did not constitute good cause for eviction. The tenant's counterclaim for harassment was severed.
Dov Land Usa, Llc V. Hickman
All Decisions
Landlord commenced a squatter summary proceeding against tenant to recover possession of storage space located off a public hallway in a building where tenant lives in a rent-stabilized apartment. The Civil Court awarded possession to the landlord. On appeal, the Appellate Term reversed, finding that the landlord's implicit acquiescence to the tenant's use of the storage space for at least 10 years, when the apartment was covered under the Loft Law, made the provision of the storage space a required service under rent stabilization. The court affirmed the dismissal of the tenant's counterclaim for an initial rent-stabilized lease due to …
Broadway 69 Llc V. Evins
All Decisions
In this nonpayment proceeding, the court granted the tenant's motion for summary judgment and dismissed the petition. The tenant argued that the landlord was barred from collecting rent under Multiple Dwelling Law § 302 because the building was occupied in violation of its certificate of occupancy. A DOB/ECB violation existed for unlawful use of another apartment for psychic readings during the period for which rent was sought. The court found that MDL § 302 applies strictly, precluding retroactive rent collection during the period of violation, even if the landlord was not at fault and attempted to cure.
Ocean 801 Llc V. Rich
All Decisions
The court granted the tenant's motion to amend her answer and for summary judgment, dismissing the landlord's nonpayment petition. The tenant argued that the landlord lacked standing because it failed to comply with Limited Liability Company Law § 206, which requires LLCs to publish their articles of organization and file a certificate of publication. The court found it undisputed that the landlord had not met this publication requirement when the proceeding commenced, thus lacking standing to maintain the action. The court further held that this defect was not curable, rejecting the landlord's arguments to the contrary and distinguishing prior case …
14-16 30th Rd. Llc V Hassan
All Decisions
In this failure-to-renew holdover after trial, the court dismisses the petition. The landlord failed to prove it attached the required DHCR rider to the lease renewal offer as required by RSC § 2522.5(c)(1). The court credited the tenant's testimony that he received only a one-page renewal without the rider, bolstered by subpoenaed DHCR records showing the landlord's practice of omitting riders, and took judicial notice that a single first-class stamp covers only up to one ounce — insufficient to cover the weight of two copies of a renewal with the seven-page rider attached.
Parkchester Preserv. Co. Lp V. Frederick
Parkchester Preserv. Co. Lp V. Frederick
All Decisions
A landlord commenced an action for unpaid rent against a tenant, resulting in a default judgment for approximately $20,000. The tenant moved to vacate the default judgment, claiming she believed the summons and complaint were a "fake bluff legal action." The Civil Court denied the tenant's motion, finding her explanation for the default did not constitute a reasonable excuse. The court noted the tenant had received multiple demand letters and was involved in prior legal proceedings, making her "fake action" claim unreasonable without diligent inquiry. Consequently, the court did not need to assess whether the tenant had a meritorious defense, …
Kong 328 Realty Corp. V. Robinson
Kong 328 Realty Corp. V. Robinson
All Decisions
Handwritten Opinion. This non-payment proceeding involved a tenant's motion for summary judgment based on rent-impairing violations. The court granted the tenant's motion, finding a rent-impairing violation under MDL § 302-a and awarding a 100% rent abatement for arrears accruing after July 2024. The tenant had properly pleaded the defense and deposited the rent amount, satisfying MDL § 302-a(3)(c). Despite the landlord's self-serving affidavit, HPD violation reports showed the condition remained uncorrected for over six months, warranting the abatement. The tenant's request for attorney's fees was denied as they were not the prevailing party and lacked a lease clause.
Decision In Art. 78 Proceeding - Jiminez, Geral (2023-04-13)
Decision In Art. 78 Proceeding - Jiminez, Geral (2023-04-13)
Decisions in Art. 78 Proceedings
No abstract provided.
Calvary Grandparents Residence Llc V. Hicks
Calvary Grandparents Residence Llc V. Hicks
All Decisions
The tenant moved to dismiss a licensee holdover proceeding, arguing the landlord failed to name the estate of the deceased tenant of record as a necessary party because an unexpired rent-stabilized lease was in effect. The landlord argued the estate was not a necessary party. The court, finding the landlord's own papers and oral arguments conceded a two-year lease term, determined an unexpired lease existed when the proceeding commenced. Granting the tenant's motion, the court dismissed the proceeding without prejudice, holding that the deceased tenant's estate was indeed a necessary party.
191 Audubon Corp. V. Gomez
All Decisions
Court dismissed nonpayment petition under MDL §§ 301 and 302 because two open DOB violations found uses of the building contrary to the certificate of occupancy. Court reaffirmed the well-established principle that MDL §§ 301-302 violations preclude the owner from collecting rent or maintaining a nonpayment proceeding for all units in the building, not merely the units directly implicated by the violation.
Unique People Services, Inc. V. Abramycheve
Unique People Services, Inc. V. Abramycheve
All Decisions
In this holdover proceeding, the landlord, a supportive housing provider, sought to evict the tenant. The tenant's motions to vacate a default and for the court to appoint an attorney under the "Right to Counsel Law" were denied. The court clarified that the Universal Access to Counsel Law provides access, not an absolute right, to legal services. The court also denied the tenant's motion to vacate a previous default. However, acknowledging the tenant's supportive housing status, the court ordered the landlord to produce documentation regarding the tenant's referral, contemplating the potential appointment of a Guardian Ad Litem.
Global Realty Management Ny, Llc V. Wiatrowicz
Global Realty Management Ny, Llc V. Wiatrowicz
All Decisions
In this GCEL non-renewal holdover proceeding based on alleged non-payment, the court granted the tenant's motion to vacate a default judgment and dismiss the case. The tenant demonstrated a reasonable excuse for default due to mental health issues stemming from domestic abuse. The court also found meritorious defenses, specifically that the 90-day notice of termination was fatally defective. The notice failed to provide specific details regarding the amount of rent owed, the periods for which it was due, or information about any rent increases, which prevented the tenant from preparing a defense or exercising their right to cure the alleged …
Miracle Temple Apostolic Holiness Church Of Am., Inc. V Mack And Heward
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' …
165 E. 35th St. Llc V. Gross
All Decisions
The court considered the landlord's motion for a money judgment for unpaid use and occupancy and the tenant's cross-motion to modify a prior use and occupancy order. The court denied the landlord's request for a money judgment, holding that the amended RPAPL § 745 eliminated this remedy, leaving an immediate trial as the sole penalty for non-payment. However, the court granted the tenant's cross-motion, modifying the use and occupancy obligation to 30% of her monthly public assistance cash benefit, effective October 2025, pursuant to RPAPL § 745(2)(c)(i). The proceeding was restored for discovery.
Williamsburg Pact Llc V. Doe
All Decisions
In a licensee holdover involving a RAD/PACT conversion, the court granted the tenant's motion to dismiss. The landlord failed to serve a mandatory Violence Against Women Act (VAWA) Notice with the predicate 10-day notice to quit. The court noted that federal regulations define "tenant" to include "an individual or a family renting or occupying an assisted dwelling unit," thus requiring the landlord to serve the VAWA notice on the occupant tenant. This failure was deemed a fatal defect, necessitating dismissal of the proceeding.
February 2026, Maloney Library, Fordham University School Of Law
February 2026, Maloney Library, Fordham University School Of Law
Maloney Matters
No abstract provided.
5022 Church Ave Llc V. Samuel
All Decisions
A landlord commenced a GCEL holdover proceeding, alleging the tenant refused to renew the lease with reasonable changes, including rent increases. The court dismissed the petition based on the tenant's pre-answer motion, finding the landlord lacked capacity to sue due to its failure to comply with LLC Law § 206 publication requirements. Although the landlord claimed to be curing the defect, it had not fully done so and made a material error by trying to comply through the Attorney General's Office instead of the Department of State. The proceeding was dismissed without prejudice.