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Articles 271 - 300 of 12990

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Hofgur Llc V. Rucker Jan 2026

Hofgur Llc V. Rucker

All Decisions

In this holdover proceeding against an adult care facility resident, the court granted the tenant's guardian ad litem's post-judgment motion. The motion sought to stay execution of the warrant of eviction. The court stayed the warrant, conditioning its future execution on the landlord proving compliance with Department of Health regulations 18 NYCRR 487.4(m) and 18 NYCRR 487.5(f)(19). These regulations mandate that the landlord make persistent efforts to assist the tenant in securing appropriate alternative placement at a higher level of care, including filing five applications with other facilities.


Elliot Place Estates Llc V. Williams Jan 2026

Elliot Place Estates Llc V. Williams

All Decisions

A landlord commenced a nonpayment proceeding, resulting in a default judgment against the rent-stabilized tenant. The tenant moved to vacate the default judgment, asserting a lack of personal jurisdiction due to improper service and seeking leave to serve a late answer. The court granted the tenant's motion solely to the extent of scheduling a traverse hearing. It determined that the tenant's detailed factual affirmation challenging the purported service constituted a credible counter-narrative, sufficiently rebutting the presumption of proper service established by an affidavit of service and thus warranting a hearing to resolve the jurisdictional question.


Dk Stockho Llc V. Roberts Jan 2026

Dk Stockho Llc V. Roberts

All Decisions

In this nonpayment proceeding, the tenant challenged the landlord's claim that the premises were deregulated due to individual apartment improvements, asserting a rent overcharge. After initial discovery revealed conflicting evidence regarding the cost of a boiler installation, the tenant moved for additional discovery, including interrogatories and document production. The court granted the tenant's motion, finding "ample need" for the requested information due to the conflicting evidence, the information being exclusively within the landlord's control, and the requests being tailored to clarify disputed facts. The court denied the landlord's cross-motion for sanctions, concluding the tenant's conduct was not frivolous.


The Coalition For Fairness In Soho And Noho, Inc. V. City Of New York Jan 2026

The Coalition For Fairness In Soho And Noho, Inc. V. City Of New York

All Decisions

The Court of Appeals reversed the Appellate Division, upholding the City's 2021 rezoning plan for SoHo/NoHo artist lofts. The plan imposed a one-time fee on landlords for converting Joint Living-Work Quarters for Artists (JLWQA) units to unrestricted residential use. The court held that this fee does not constitute a compensable taking under the Fifth Amendment's Takings Clause. It reasoned that landlords lack a compensable property interest in converting their units to a new, more valuable use, as the fee does not burden their existing property rights or coerce them into relinquishing an interest that the government would otherwise have to …


Usc 462 West 141 Llc V. Richards Jan 2026

Usc 462 West 141 Llc V. Richards

All Decisions

In this nonpayment proceeding, the tenant moved for summary judgment, asserting the landlord was precluded from collecting rent under Multiple Dwelling Law (MDL) § 302(1)(b) because the building was occupied contrary to its certificate of occupancy. The court granted the tenant's motion, taking judicial notice of HPD and OATH/ECB violations indicating unlawful combining of rooming units. The court confirmed that such violations prevent rent recovery and nonpayment proceedings for any unit, regardless of whether the unlawful occupancy directly relates to the tenant's apartment. The court also held that the MDL § 302 defense is not waivable and dismissed the landlord's …


Gomez V. Gomez Jan 2026

Gomez V. Gomez

All Decisions

This licensee holdover proceeding, initiated by the landlord against family member tenants-at-sufferance, was dismissed by the Civil Court for lack of subject matter jurisdiction. The landlord had sought to evict the tenants based on a 30-day notice under RPL § 228. However, the court ruled that Housing Court, operating under RPAPL Article 7, lacks jurisdiction over common law tenancies at sufferance, as Article 7 does not explicitly provide for such proceedings. The court emphasized that statutes in derogation of common law must be strictly construed. The decision directs the landlord to pursue an ejectment action under RPAPL Article 6 in …


Ford V. Ford Jan 2026

Ford V. Ford

All Decisions

The landlord, as trustee, commenced a holdover proceeding to evict the tenant from a cooperative apartment, alleging she was a licensee. After a trial, the court granted the tenant's oral motion for judgment as a matter of law and dismissed the petition. The court found that the tenant, who had been in exclusive possession since 1986, was a tenant at will entitled to a 30-day notice under RPL 228, which the landlord failed to serve. The court also ruled that judicial estoppel did not apply, as the prior related proceeding was voluntarily discontinued without a judgment.


Floral Park Properties Llc V. Hartman Jan 2026

Floral Park Properties Llc V. Hartman

All Decisions

In a holdover proceeding, the tenant moved to dismiss for the landlord's failure to serve the required Good Cause Eviction Law (GCEL) notice with the petition. The landlord cross-moved to amend the petition. The court, interpreting RPL § 217 and § 231-c, found that the GCEL notice is akin to a predicate notice requiring strict compliance. Failure to include the GCEL notice with the petition is an incurable and fatal defect. Consequently, the tenant's motion to dismiss was granted, the landlord's cross-motion to amend was denied, and the proceeding was dismissed without prejudice.


Bedford Avenue Associates V. Gurley Jan 2026

Bedford Avenue Associates V. Gurley

All Decisions

In this project-based Section 8 non-payment proceeding, the tenant moved for summary judgment and an order to correct. The court granted the tenant's unopposed motion, dismissing the landlord's non-payment claim without prejudice due to the landlord's failure to serve the required Violence Against Women Act (VAWA) notice with the termination notice. The court also granted the tenant's demand for an order to correct housing violations, finding nine open violations in the apartment as per DHPD's report.


Dyckman 1010 Llc V. Brea Jan 2026

Dyckman 1010 Llc V. Brea

All Decisions

In this nonpayment proceeding, the court granted the tenant's pre-answer motion to dismiss the petition. The landlord's Notice of Petition was deemed defective for failing to comply with the mandatory form prescribed by 22 NYCRR § 208.42(b) and Administrative Order 163/19. The court found that even minor deviations from the standard form were fatal to the proceeding and rejected the landlord's attempt to amend the defective notice. Consequently, the petition was dismissed without prejudice to the landlord's underlying claims.


From Border-Based To Status-Based Mandatory Immigration Detention, Mary Holper Jan 2026

From Border-Based To Status-Based Mandatory Immigration Detention, Mary Holper

Fordham Urban Law Journal

No abstract provided.


Infringement Through Imitation: Ai Chatbots And The Characters They Infringe, Isabella Herrera Jan 2026

Infringement Through Imitation: Ai Chatbots And The Characters They Infringe, Isabella Herrera

Fordham Intellectual Property, Media and Entertainment Law Journal

Chatbots that purport to embody the personas of copyrighted characters are poised to be a central issue for the IP legal field and the entertainment industry. In September of 2025, Disney sent a cease-and-desist letter to Character.AI, a leader in the “character” chatbots market, demanding removal of numerous chatbots that were reportedly based on characters from Disney franchises like Star Wars, Marvel, and the Pixar films. Character.AI allegedly removed all infringing characters, however it remains unclear whether character chatbots platforms are required to do so under IP law. This Note addresses the issue of copyright infringement for character chatbots and …


From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz Jan 2026

From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz

Fordham Intellectual Property, Media and Entertainment Law Journal

American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread throughout American society more rapidly than copyright law could adjust, courts misclassified piano rolls and records as merely mechanics. Reducing these new fixations to machinery rather than embodiments of human expression left recorded human musical performances inadequately protected, which facilitated piracy. Applying these lessons, this Article contends that generative AI training implicates copyright law in ways not dissimilar to …


Big Tech As Transnational Spyware Regulator, Natalie R. Davidson Jan 2026

Big Tech As Transnational Spyware Regulator, Natalie R. Davidson

Fordham Intellectual Property, Media and Entertainment Law Journal

Spyware has emerged as a potent tool for leaders to shrink dem- ocratic contestation. In response to calls for constraints on the trade in spyware, states have updated the principal multilateral agree- ment on export controls, civil society groups have employed strate- gic litigation, and the European Union has altered its regulation, in each case with the aim of limiting exports where there is a risk of human rights violations. Yet, scandals involving the Israeli company NSO, among others, have made clear that even the updated regula- tory landscape is inadequate. Many actors are currently debating the reasons for existing …


When The “Public Interest” Violates The First Amendment: Jimmy Kimmel And Fcc Chair Brendan Carr, Joel Timmer Jan 2026

When The “Public Interest” Violates The First Amendment: Jimmy Kimmel And Fcc Chair Brendan Carr, Joel Timmer

Fordham Intellectual Property, Media and Entertainment Law Journal

Following the assassination of conservative political activist Charlie Kirk, comments made by late-night ABC host Jimmy Kimmel sparked controversy after some interpreted his remarks as implying conservative responsibility for the crime. The backlash intensified when Federal Communications Commission Chair Brendan Carr publicly suggested that Kimmel’s statements were misleading and potentially inconsistent with FCC policy, warning that broadcast stations airing the program should address the matter or risk regulatory consequences, including fines or license revocation. Shortly thereafter, major broadcast groups suspended the program, followed by ABC’s temporary suspension of the show. These events raised serious concerns about whether the FCC Chair’s …


Bankruptcy As Presidential Resistance, Alvin Velazquez Jan 2026

Bankruptcy As Presidential Resistance, Alvin Velazquez

Fordham Urban Law Journal Online

No abstract provided.


International Law And The Defense Of Political Prisoners And Prisoners Of Conscience, Judith Abitan Jan 2026

International Law And The Defense Of Political Prisoners And Prisoners Of Conscience, Judith Abitan

Fordham International Law Journal

The international community continues to witness a concerning trend of political repression and unjust incarceration of dissidents, including political opposition members, activists, intellectuals, academics, journalists, and human rights defenders. From authoritarian regimes to democratic nations, the suppression of dissenting voices has become prevalent. As fundamental rights and freedoms are increasingly violated, the strengthening and enforcement of international legal frameworks become even more essential to sustain the rules-based international order. Against the backdrop of geopolitical tensions, shifting power dynamics, and evolving interpretations of sovereignty, the examination of international legal instruments and mechanisms becomes not only a matter of scholarly inquiry but …


Echoes Across Borders: Comparative Criminal Law And Justice In The Us Landscape, Alessandro Corda Jan 2026

Echoes Across Borders: Comparative Criminal Law And Justice In The Us Landscape, Alessandro Corda

Fordham International Law Journal

Despite its substantial promise to deepen understanding of domestic criminal laws and their operation, offer alternative approaches to policy challenges, and foster cross-cultural dialogue, comparative criminal law and justice remains only modestly visible in the United States—both in academic discourse and policymaking circles. After tracing the trajectory of comparative criminal law and justice in the United States and examining the primary factors contributing to its marginal status in legal scholarship and reform debates, this Article investigates the reasons for its limited prominence through an analysis of findings from a web-based survey of faculty specializing in criminal law, criminal procedure, and …


International Law Duties Not To Recognize, Not To Assist, And To Cooperate Against Peremptory Norm (Jus Cogens) Violations, Diane A. Desierto Jan 2026

International Law Duties Not To Recognize, Not To Assist, And To Cooperate Against Peremptory Norm (Jus Cogens) Violations, Diane A. Desierto

Fordham International Law Journal

Peremptory norms (jus cogens) are the highest norms of international law. When these norms are violated, all States and international organizations have, at a minimum, three international legal duties to discharge while the violation is occurring: (1) the duty of non-recognition, where no State or international organization should recognize the situation caused by the violation; (2) the duty of non-assistance, where no State or international organization should render any aid or assistance to maintain this situation caused by the violation; and (3) the duty of cooperation, where all States and international organizations should cooperate to bring the violation to …


From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz Jan 2026

From Player Piano To Generative Ai: Artificial Expression And The Law Of Copyright, Douglas Lind, Adrienne Holz

Fordham Intellectual Property, Media and Entertainment Law Journal

American copyright law has experienced challenges and sometimes faltered when confronting mechanical reproduction. This Article retraces the rise and diffusion of the player piano and the phonograph, examining how they reshaped the making and listening to music. As these technologies spread throughout American society more rapidly than copyright law could adjust, courts misclassified piano rolls and records as merely mechanics. Reducing these new fixations to machinery rather than embodiments of human expression left recorded human musical performances inadequately protected, which facilitated piracy. Applying these lessons, this Article contends that generative AI training implicates copyright law in ways not dissimilar to …


The Case For Federal Regulation Of Ai’S Environmental Impacts In An Era Of Deregulation, Sam Sinutko Jan 2026

The Case For Federal Regulation Of Ai’S Environmental Impacts In An Era Of Deregulation, Sam Sinutko

Fordham Urban Law Journal

No abstract provided.


Expungement’S Deportation Paradox, Marie Mark, Talia Peleg Jan 2026

Expungement’S Deportation Paradox, Marie Mark, Talia Peleg

Fordham Urban Law Journal

No abstract provided.


Transparency As A Regulatory Duty, Olivier Sylvain Jan 2026

Transparency As A Regulatory Duty, Olivier Sylvain

Faculty Scholarship

This symposium piece offers a simple survey of transparency measures addressed to deepfakes and other related consumer harms, as well as the constitutional problems they present.


Procedural Gamesmanship: How The Irs Avoids Merits Review In Cdp And Deficiency Litigation, Katelin Snyder Guregian Jan 2026

Procedural Gamesmanship: How The Irs Avoids Merits Review In Cdp And Deficiency Litigation, Katelin Snyder Guregian

Fordham Urban Law Journal

No abstract provided.


Federalism And Fair Housing: State Innovation Amidst Federal Retrenchment, Paula A. Franzese Jan 2026

Federalism And Fair Housing: State Innovation Amidst Federal Retrenchment, Paula A. Franzese

Fordham Urban Law Journal

No abstract provided.


The Psychology Of Deception: Rethinking The Excited Utterance Exception For 911 Calls, Alexandra Spano Jan 2026

The Psychology Of Deception: Rethinking The Excited Utterance Exception For 911 Calls, Alexandra Spano

Fordham Urban Law Journal

No abstract provided.


Unequal Shelter: A Constitutional Challenge To The Adams Administration’S Differential Treatment Of Migrants Under New York’S Right To Shelter Laws, Alexandra Arleo Jan 2026

Unequal Shelter: A Constitutional Challenge To The Adams Administration’S Differential Treatment Of Migrants Under New York’S Right To Shelter Laws, Alexandra Arleo

Fordham Urban Law Journal

No abstract provided.


A Case For Rule 413 And Evidentiary Rule-Bending In Sexual Assault Cases, Emily Gwydir Jan 2026

A Case For Rule 413 And Evidentiary Rule-Bending In Sexual Assault Cases, Emily Gwydir

Fordham Urban Law Journal

No abstract provided.


Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma Jan 2026

Clean Hands, Dirty Money, And The Codification Of Sec Disgorgement, Stephanie Palma

Fordham Law Review

Disgorgement is the U.S. Securities and Exchange Commission’s (SEC) most powerful enforcement tool and among its most controversial. For decades, federal courts treated disgorgement in securities enforcement actions as an equitable remedy, a view that the U.S. Supreme Court confirmed in Liu v. SEC. Months after Liu, Congress passed the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, which codified disgorgement in SEC enforcement actions. The codification of disgorgement sparked a circuit split between the U.S. Courts of Appeals for the Fifth and Second Circuits over whether Congress created a new statutory form of …


Hardwiring Hercules?, Courtney M. Cox Jan 2026

Hardwiring Hercules?, Courtney M. Cox

Faculty Scholarship

It is time to reorient the debate over the right to a human decision. Within that debate, the strongest arguments in favor of human decisionmakers are Arguments from Explanation: AI technology is increasingly and necessarily opaque, and so machines should not replace human decisionmakers because machines cannot give the required explanations. Or so the humanist argument goes. Meanwhile, machinists argue that most humanist principles have been deflated by the Better Decision Argument, which reframes such principles as grounding not a right to a human decision, but merely to a “better” decision— whether by human or machine.

This Article turns that …