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Avenue A At St Marks Associates, Llc, Avenue A Schneider Partners, Llc V. Badiyi

All Decisions

In this nonpayment proceeding, the tenant moved for dismissal, summary judgment, leave to amend the answer, and to reargue a prior decision. The court denied the motion to reargue as untimely under CPLR § 2221(d)(3). The motion to dismiss or for summary judgment was also denied, finding the landlord sufficiently pleaded the premises' deregulation status and its interest. While the court granted the tenant's request to amend the answer to include failure to state a cause of action and breach of warranty of habitability defenses, it struck the rent overcharge counterclaim and related defense, applying the law of the case …

Matter Of Cruz V. New York City Housing Authority (Nycha)

All Decisions

The Appellate Division reversed a lower court's order, dismissing as time-barred an Article 78 petition challenging the landlord's 2024 denial of the tenant's request for Section 8 subsidy restoration. The court held that the four-month statute of limitations under CPLR 217(1) began in December 2019 when the tenant's Section 8 benefits were initially terminated and the "final and binding" decision was issued. Subsequent administrative requests for restoration or ongoing correspondence with the agency did not constitute a new determination or toll the statute of limitations, rendering the tenant's later petition untimely.

West Bushwick Tpt Hdfc V. Demmerele

All Decisions

Court granted in part respondent's discovery motion in this holdover based on failure to sign a renewal lease and alleged nuisance, applying the Farkas factors plus a Kings County factor of whether disclosure would expedite the proceeding. Court granted requests for a witness list and incident reports, but precluded petitioner from presenting testimony from other tenants where petitioner's own affirmation stated that employees, not tenants, made the complaints.

153 Valentine Llc V Hawkins

All Decisions

In this post-foreclosure holdover, the landlord sought possession of a condominium unit from an occupant who was not a tenant. The landlord acquired title through a referee's deed after a foreclosure sale. The occupant argued the foreclosure was a legal nullity, rendering the landlord's title invalid, and also raised defenses of defective service, retaliatory eviction, and harassment. The court rejected the occupant's standing challenge, finding the foreclosure judgment and deed valid, as the prior court's "nullity" finding was limited and did not vacate the judgment. The court granted the landlord's motion for summary judgment and a judgment of possession, striking …

Rock Park Realty Llc V. Mcdonald

All Decisions

In this licensee holdover, the tenant, who was evicted after a default judgment, filed a post-eviction Order to Show Cause seeking restoration. The court granted the tenant's motion, vacating the default judgment and warrant, and restoring the tenant to possession. The court found a reasonable excuse for the default based on the tenant not receiving notice, applying a totality of the circumstances analysis for CPLR § 5015(a)(1). A potentially meritorious defense of succession rights was also established. The decision emphasized the court's preference for deciding matters on their merits rather than by default.

Sg & Sons Realty Llc. V Noman

All Decisions

In a non-payment proceeding, the tenant moved for summary judgment dismissal, asserting the landlord was barred from collecting rent due to an active Department of Buildings violation for occupancy contrary to the certificate of occupancy (CofO). The court granted the tenant's motion, dismissing the petition without prejudice. Citing *Chazon LLC v Maugenest* and Multiple Dwelling Law §§ 301 and 302, the court held that an open CofO violation for any part of a dwelling bars the landlord from recovering rent for the entire premises, even if the tenant's specific unit is not directly implicated.

Carrasquillo V. 303 W. 122nd St. Hous. Dev. Fund Corp.

All Decisions

The Appellate Division affirmed the denial of the tenant's motion for a preliminary injunction to prevent the sale of co-op shares or termination of the proprietary lease. The court found the tenant failed to demonstrate a likelihood of success on the merits, primarily by not proving the landlord breached the warranty of habitability; cited violations were largely corrected, and the tenant denied access for repairs. Furthermore, the notice to cure was deemed valid. As the tenant defaulted on the loan agreement, the landlord was permitted under UCC § 9-610[a] to sell the shares or terminate the lease.

Stahl Associates Llc V. Cataldo

All Decisions

In this non-primary residence holdover proceeding, the court granted the landlord's motion for discovery concerning the tenant's residency, but limited the scope of document production to the most recent lease term. Concurrently, the court partially granted the tenant's cross-motion for discovery related to her defense of excusable absence due to uninhabitable apartment conditions, citing ample need based on mold reports and HPD violations. However, the tenant's request for discovery regarding illegal subletting was denied. The case was marked off-calendar pending completion of the ordered, albeit limited, discovery from both parties.

1750 Associates, Llc V. Elbaz

All Decisions

In this nonpayment proceeding, the landlord sought to recover rent for a rent-stabilized apartment after the lease expired and Emergency Rental Assistance Program (ERAP) funds were accepted. The Civil Court dismissed the petition, finding the landlord failed to establish a prima facie case as no lease was in effect, and acceptance of ERAP funds does not create an agreement under RPAPL 711(2) to pay rent. The Appellate Term affirmed the denial of the landlord's motion to set aside the dismissal, holding that while ERAP acceptance restricts landlords from certain holdover actions for 12 months, it does not constitute an agreement …

Automated Decision-Making Systems And Black Box Challenges Under European Union Administrative Law, Ilias Bantekas, Venetsiana Bratsiakou

Fordham International Law Journal

Automated Decision-Making (ADM) systems have been increasingly utilized by both private and public entities across the world to reduce errors by humans, increase efficiency, and make more consistent decisions. That is especially true in the case of the European Union. However, significant legal and ethical challenges arise because of ADM systems, subsequently giving rise to questions of compliance with underlying principles of law. This Article analyzes these challenges as they pertain to EU law through the examination of issues of accountability, transparency, and the protection of human rights. Furthermore, the use of ADM systems has been closely regulated by the …

Consumer Vs. Code: The Future Of Consumer Smart Contracts From Code To Legal Practice, Amir Bushansky

Fordham International Law Journal

This Article evaluates the feasibility of implementing consumer contracts—including standard-form agreements—as smart contracts and assesses their adaptability through the lens of consumer protection law.

Specifically, it examines whether the traditional consumer contract framework can be meaningfully implemented in the form of smart contracts. It further considers whether such implementation necessitates adaptations—both in the technological architecture of the contracts themselves and in the underlying legal framework. By addressing these questions, the Article aims to contribute to a more coherent and forward-looking approach to regulating automated, code-based contracting in consumer markets.

International Human Rights Law And Forced, Coerced And Involuntary Sterilization In Africa, John Mukum Mbaku

Fordham International Law Journal

In the last several years, courts and tribunals at the international, regional, and national levels have tackled the issue of forced, coerced, and involuntary sterilization, especially as it affects the rights of members of vulnerable or marginalized groups (e.g., women and girls with disabilities, or those living with HIV). International, regional, and national human rights bodies have described forced and coerced sterilization as a violation of human rights and fundamental freedoms, which include the right to the highest attainable standard of mental and physical health, the right to information, the right to found a family, and the right to be …

Justice Compromised: How Systemic Corruption Hinders Colombia's Victims' Law (Law 1448), Abigail Zislis

Fordham International Law Journal

In 2011, Colombia enacted Law 1448 of Victims and Land Restitution providing restitution and reparations to victims of the civil armed conflict in an ambitious reconciliation and transitional justice effort at reform. The successes and the limitations of this legislation and its implementation serve as a vehicle through which public corruption—as well as anti-corruption strategies—in Colombia can be understood. This paper argues that fundamental changes must be made to the existing system by creating stronger accountability mechanisms for the effective enactment of the legislative program. 

This analysis is highly relevant to understanding modern armed conflicts and their aftermath. Understanding the …

Edelstein Llc V. Rodriguez

All Decisions

This is a consolidated decision for motions related to five no-grounds holdovers, where all five of the respondent-tenants are sub-lessees who live in a building that is legally a cooperative but where it is undisputed that petitioner Edelstein LLC has owned shares that correspond to 84 of the 85 units in the building since at least the year 2000.

Respondent-tenants raised defenses and counterclaims alleging that because the co-op is a sham, their apartments should not be exempt from rent regulation, and moved for discovery seeking information related to the co-op and whether or not it is functioning in a …

Evmf Owner, Llc V Hayashi

All Decisions

In this consolidated non-renewal holdover seeking eviction under GCEL's demolition ground (RPL § 216[h]), the court denies both the landlord's motion to strike the tenants' defenses and the tenants' motions to dismiss. The court holds 'housing accommodation' under RPL § 211[1] includes individual units, but finds the landlord's architectural report insufficient to prove demolition rather than renovation, leaving that factual dispute for trial under a clear-and-convincing standard.

320 Manhattan Ave. Lp V. Nebbou

All Decisions

In this nonpayment proceeding, both landlord and tenant moved for summary judgment to determine the legality of the rent and the apartment's regulatory status. Tenant claimed an overcharge from the tenancy's inception, arguing the apartment should have been rent stabilized earlier. Landlord contended it was rent controlled until tenant's occupancy, making the initial rent lawful. The court denied both motions, citing unresolved material issues of fact regarding the apartment's status before the tenant's lease. The court also found the tenant did not provide sufficient evidence of a fraudulent scheme to evade rent stabilization laws, which would be required to review …

Shared Cooper Llc V. Callejas

All Decisions

The landlord initiated a Good Cause Eviction Law (GCEL) holdover proceeding, seeking possession based on the tenant's alleged failure to pay rent. After a trial, the court dismissed the petition with prejudice, finding the landlord did not establish good cause under RPL § 216[1][a][i]. While the tenant sometimes paid rent late, evidence showed consistent curing of arrears, and the tenant was fully current before the predicate notice. The court determined that for "failure to pay rent due and owing" under GCEL, chronic delinquency and prejudice to the landlord must be proven, which was not demonstrated here.

875 Riv. View Realty Llc V. Marzullo

All Decisions

In this holdover proceeding, the Appellate Term affirmed the Civil Court's denial of the tenant's motions for summary judgment, which sought to dismiss the landlord's petition. The tenant argued the current proceeding was precluded by res judicata, citing a prior holdover proceeding dismissed for lack of standing. However, the court ruled that a dismissal for lack of standing is not a final determination on the merits, thus res judicata was inapplicable. The court also rejected the tenant's mootness claim regarding a renewal lease due to triable issues of fact, and upheld the denial of a subsequent partial summary judgment 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.

Decision In Art. 78 Proceeding - Johnston, Frank (2023-04-13)

Decisions in Art. 78 Proceedings

No abstract provided.

1449 Bushwick Holdings Llc V. Williams

All Decisions

In this non-payment proceeding, the court granted the tenant's pre-answer motion to dismiss the petition without prejudice. The landlord's predicate rent demand was deemed defective for failing to provide a good-faith approximation of rent arrears, specifically by not crediting HRA/DSS earmarked payments. The court found that certified copies of the earmarked HRA/DSS checks, submitted with the tenant's motion, were self-authenticating and did not require a foundational witness. The demand's deficiency led to dismissal of the case.

St. Ann's Apartments Llc V. Pickett

All Decisions

In this holdover proceeding, the landlord sought possession after the tenant of record, the respondent's cousin, passed away, alleging the respondent's license expired. The tenant asserted succession rights as a non-traditional family member, arguing emotional and financial commitment and interdependence. Despite limited documentary evidence and contrary testimony from the landlord's superintendent, the court found the tenant's and the deceased's brother's testimony credible. The evidence demonstrated the tenant resided in the apartment as a primary residence for over two years and provided extensive care and support to the ailing tenant of record. The court granted succession, dismissing the proceeding and ordering …

Corst V. Mushailov

All Decisions

A landlord sued former tenants for rent arrears. Tenants defaulted, and a judgment was entered against them. Tenants successfully moved to vacate the default judgment, raising the issue of improper service. The court found that the tenants' objection to personal jurisdiction was preserved. Subsequently, tenants timely moved to dismiss the complaint for lack of personal jurisdiction, arguing that service was attempted at their former address seven months after they had vacated. The court agreed, finding that service was not made in strict compliance with CPLR 308 (2) as the address was not their dwelling place or usual abode. The motion …

Department Of Housing Preservation And Development Of The City Of New York V. Singh

All Decisions

The court granted the landlord's (HPD's) motion for sanctions against the tenants and their counsel, finding their conduct frivolous under 22 NYCRR § 130-1.1(c)(3). The tenants' motion to vacate judgments, alleging fraud by HPD, was deemed legally and factually baseless. The court cited false material factual statements, meritless legal arguments regarding penalty calculations, and unsubstantiated accusations of fraud and dishonesty against HPD and its attorneys. Sanctions of $1500 were imposed on a respondent and their counsel, along with an award of the landlord's attorneys' fees and costs.

175-177 E. 3rd St Owner Llc V. Linn

All Decisions

The court denied the tenant's motion to dismiss in a holdover proceeding. The tenant's personal jurisdiction defense was waived by interposing unrelated counterclaims for rent abatement and overcharge. Challenges to predicate notice service based on minor discrepancies were insufficient to warrant a traverse hearing. The landlord did not vitiate the notice as the petition was filed before the alleged rent payment was deemed received. The Good Cause Eviction Law was inapplicable as the proceeding commenced before its effective date. However, the court granted the tenant's request for discovery regarding an alleged fraudulent scheme to deregulate the rent-stabilized premises, citing recent …

Lefferts Ave. Ventures Llc V. Keennlyside

All Decisions

The court addressed a tenant's motion to dismiss a landlord's action for unpaid rent arrears, arguing a three-year statute of limitations for consumer credit transactions under CPLR 214-i. The tenant contended that unpaid rent constituted a consumer credit transaction. The court, however, rejected this argument, distinguishing it from consumer debt under the FDCPA. It ruled that failure to pay rent is a breach of a lease agreement, subject to a six-year statute of limitations for breach of contract, not a consumer credit transaction. Therefore, the tenant's motion to dismiss was denied, allowing the landlord's claim to proceed.

Bsp Gigi Llc V. Dixon

All Decisions

In this nonpayment proceeding, the tenant moved to dismiss for failure to state a cause of action, arguing the landlord's 14-day rent demand was defective. The court found that because the property's mortgage, originally private, was assigned to the Federal National Mortgage Association (Fannie Mae) in 2019, it became a "covered unit" under the CARES Act. Consequently, the landlord was required to serve a 30-day notice, not a 14-day notice. As the predicate notice was defective and cannot be amended, the tenant's motion was granted, and the proceeding was dismissed without prejudice.

Nsa 2015 Owner Llc V. Moore

All Decisions

In this nonpayment proceeding, the landlord's motion to restore the case for a final judgment and warrant of eviction was denied as moot because the tenant fully complied with the settlement stipulation by paying the agreed-upon arrears. The court additionally held that Private Housing Finance Law (“PHFL”) § 610 charges, which allow rental subsidies to pay above legal regulated rent, do not permit the landlord to increase the tenant's portion of rent or seek a possessory judgment for such charges in a summary proceeding. The entire nonpayment proceeding was dismissed.

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 …

Decision In Art. 78 Proceeding - Bryant, William (2025-06-09)

Decisions in Art. 78 Proceedings

No abstract provided.