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Articles 391 - 420 of 12990
Full-Text Articles in Entire DC Network
Bpc Associates Lp V. Rumley
All Decisions
In this nuisance holdover proceeding, the landlord moved to strike several of the tenant's objections and affirmative defenses. The court denied striking the tenant's service-related objections, finding that afternoon/evening service attempts might not constitute "reasonable application" if the landlord knew of the tenant's schedule. It also preserved the tenant's defense that a recertification notice could imply waiver and the possibility of a post-judgment right to cure nuisance, citing equitable factors. However, the court granted striking objections that the termination notice was vague and that a notice to cure was required, holding that the notice adequately described the alleged conditions and …
Affirmative Litigation - Allen, Dale (2025-04-17)
Affirmative Litigation - Allen, Dale (2025-04-17)
Affirmative Litigation
No abstract provided.
138 W. 46th St. Realty Co. Llc V. Hunter
138 W. 46th St. Realty Co. Llc V. Hunter
All Decisions
The Appellate Term affirmed the dismissal of a landlord's holdover petition seeking to evict a rent-stabilized tenant for non-primary residence. The landlord based its claim on the tenant's two-year absence while recovering from a stroke in a rehabilitation facility. The court found the absence excusable for primary residence purposes, supported by evidence of the tenant's discharge plan and return. It further concluded that the landlord was not unfairly surprised by the tenant's medical condition defense, as the petition itself acknowledged the tenant's stroke and need for care, and the tenant's answer had raised the possibility of a reasonable accommodation.
109th Affordable Housing Llc V. Almanzar
109th Affordable Housing Llc V. Almanzar
All Decisions
In a nonpayment proceeding, the tenant moved for leave to amend their answer to interpose an overcharge counterclaim and for discovery. The court granted the tenant's motion to amend, finding sufficient indicia of a potentially meritorious overcharge claim due to long gaps in rent registrations and a significant rent increase, noting that under *W. Pierre Assoc. LLC v Harvey*, fraud is not required to look beyond the base date for post-HSTPA tenancies. The court also granted the tenant's motion for limited discovery, finding ample need based on the rent history irregularities and reminded the landlord of the utility of a …
Machado V. Machado
All Decisions
In this licensee holdover proceeding, the Appellate Term affirmed the Civil Court's orders which granted the landlord summary judgment of possession of a condominium apartment and denied the tenant's motion to renew. The landlord sought to evict an adult daughter. The tenant's argument that a familial relationship exempts her from eviction as a licensee was rejected as improperly raised and lacking merit, as the RPAPL contains no such exemption. The court also found renewal properly denied because the purportedly new material was available at the time of the original motion and would not alter the prior decision.
Letting Government Breathe: How Zoning Deregulation Provides A Workable Solution To Homelessness, Nicholas G. Glover, Esq.
Letting Government Breathe: How Zoning Deregulation Provides A Workable Solution To Homelessness, Nicholas G. Glover, Esq.
Fordham Urban Law Journal Online
No abstract provided.
Gomez V. Thomas
All Decisions
The Appellate Division; First Department; affirmed an order granting the tenant's motion for attorneys' fees. The landlord's counsel had refused to proceed with a deposition; erroneously insisting that the seven-hour limit under 22 NYCRR 202.20-b excluded time for breaks. The court held that a practical reading of the rule includes breaks within the seven-hour limit; as excluding them would promote unprofessional behavior and obstruct depositions. Thus; the landlord's counsel's refusal to continue was deemed frivolous under 22 NYCRR 130-1.1; making the award of sanctions for the tenant's costs appropriate. An appeal regarding the rescheduled deposition was dismissed as moot.
Charlton V. 92 Pinehurst Ave. Llc
Charlton V. 92 Pinehurst Ave. Llc
All Decisions
In a rent overcharge action where the tenant seeks treble damages for alleged willful overcharges; the Appellate Division; First Department; affirmed the denial of the landlord's motion to substitute its successor-in-interest as the sole defendant. The court held that substituting the successor would prejudice the tenant by introducing new factual issues regarding the successor's knowledge of the overcharge; potentially diminishing recoverable damages. The decision ensures the original landlord remains a party to maintain liability for willful conduct; thereby securing the tenant's potential recovery.
Wadsworth Associates Llc V. New York State Division Of Housing And Community Renewal
Wadsworth Associates Llc V. New York State Division Of Housing And Community Renewal
All Decisions
In this Article 78 proceeding; the Appellate Division affirmed a Supreme Court judgment that partially denied and partially granted a landlord's petition challenging a DHCR determination. The court upheld DHCR's finding of a rent overcharge due to the landlord's failure to adequately substantiate individual apartment improvements (IAIs); citing an identity of interest with the contractor and insufficient proof. However; the court affirmed the vacatur of treble damages; finding DHCR's imposition arbitrary and capricious. The court reasoned that DHCR deviated from its own precedent; which generally does not treble damages when claimed improvements are undisputed but costs are not fully established; …
Macias V. Macias
All Decisions
The landlord initiated a summary holdover proceeding to evict the former spouse, categorized as a tenant at will or sufferance, after their divorce. The tenant sought dismissal, asserting lack of subject matter jurisdiction and a defective predicate notice. The court denied the dismissal motion, affirming its jurisdiction over tenancies at will or sufferance under RPAPL § 711(1) and RPL § 228, clarifying that the spousal support obligation did not preclude jurisdiction. Although the court granted the tenant leave to file a late answer, it proceeded to a summary determination, concluding that no triable issues of fact existed since the tenant …
Lewis V. Hibbert
All Decisions
The Appellate Term affirmed the Civil Court's dismissal of the tenant's complaint for breach of lease; breach of warranty of habitability; and retaliation. The court properly applied res judicata; finding these claims arose from the same transactions as those previously settled or litigated in a prior landlord and tenant proceeding; including an allegation of harassment that should have been raised in Housing Court. Additionally; the tenant's affirmation opposing the landlord's motion was inadmissible for failing to include the mandatory language required by CPLR 2106.
Rh 507-517 West 171 Street Llc V. Linck
Rh 507-517 West 171 Street Llc V. Linck
All Decisions
In a nonpayment proceeding where the tenant interposed a rent overcharge defense, the court granted the tenant's motion for discovery. The court found the apartment's rent history unreliable due to missing registrations and a significant rent increase, warranting discovery beyond the statutory lookback period. The landlord's cross-motion for outstanding and pendente lite use and occupancy was denied without prejudice, as the tenant raised colorable defenses of rent overcharge and warranty of habitability under RPAPL § 745(2)(a)(iv)-(v).
West 156 Holdings Llc V. Ferguson
West 156 Holdings Llc V. Ferguson
All Decisions
In this licensee holdover proceeding, the landlord sought summary judgment against a tenant claiming succession rights to a rent-stabilized apartment. The tenant asserted he lived with his grandmother, the former tenant, until 1994, then was incarcerated for over 20 years, returning after her 2018 death. The court deemed the tenant's answer a general denial with a succession defense but struck the defense. It held that the tenant's lengthy incarceration did not constitute a "temporary relocation" under RSC § 2523.5(b)(2) and precluded him from establishing primary residence for the requisite two years before the former tenant's death. Consequently, the landlord was …
West End Avenue Equities, Llc V. Osorio-Sorondo
West End Avenue Equities, Llc V. Osorio-Sorondo
All Decisions
In this non-payment proceeding, the court issued a mixed decision on cross-motions. The landlord's motion to strike several of the tenant's affirmative defenses was partially granted (striking four defenses and one counterclaim) and partially denied (preserving others, including rent-stabilization and overcharge claims). The landlord's request for use and occupancy was denied, but the petition was allowed to be amended to date. The tenant's motion for discovery on the apartment's regulatory status and overcharge claim was granted, as an unexplained rent increase raised a question of fact about the rent history's reliability, enabling a deeper review.
Vavili Realty, Llc V. Vargas
All Decisions
In this holdover proceeding, the tenant moved to dismiss, arguing the landlord waived its right to enforce the no-pet provision under NYC Administrative Code § 27-2009.1. The tenant claimed openly and notoriously harboring a dog, and the landlord failed to commence an eviction proceeding within 90 days of knowledge. The court found the landlord's emails and notices proved actual knowledge of the pet's presence more than 90 days before commencing the suit. Consequently, the landlord waived its right to enforce the no-pet clause, and the tenant's motion to dismiss was granted.
Ceylon Leasing; Lp V. Ventura
All Decisions
In this nonpayment proceeding; the court held a traverse hearing after the tenant moved to vacate a default judgment. Both the process server and the tenant were deemed credible. However; the court found the landlord failed to prove proper in-hand service of process by a preponderance of the evidence; citing a significant discrepancy between the tenant's physical appearance and the description in the affidavit of service; which aligned more closely with the tenant's mother. As the landlord did not move to amend the service type; the court could not sua sponte deem it substitute service. Consequently; personal jurisdiction over the …
Bx Pk Phase I Preservation Llc V. Jefferys
Bx Pk Phase I Preservation Llc V. Jefferys
All Decisions
Nonpayment proceeding against Section 8 voucher holder in Mitchell Lama building dismissed due to landlord's improper commencement of proceeding while tenant's ERAP application was still pending.
Clarke V. Haliman
All Decisions
In a holdover proceeding, the tenant moved to vacate a prior stipulation of settlement and dismiss the petition, arguing the apartment was rent-stabilized. The court granted the tenant's motion, vacating the stipulation, judgment, and warrant. The court found that the building, constructed before 1974, de facto contained six housing accommodations, evidenced by Department of Buildings violations for cellar units and six mailboxes, despite the landlord's claim of four legal units. Consequently, the apartment was subject to rent stabilization, and the landlord's petition, based on lease expiration for an unregulated unit, failed to state a ground for eviction and was dismissed.
Green Tree Servicing Llc V. Rivera
Green Tree Servicing Llc V. Rivera
All Decisions
The Appellate Division; First Department; reversed the Supreme Court's denial of the landlord's motion to vacate a dismissal in a residential foreclosure action. The court found that the landlord established both a reasonable excuse for failing to appear at a status conference and a meritorious claim. Law office failure; stemming from confusion between outgoing and incoming counsel regarding appearance obligations and e-tracking; constituted a reasonable excuse. Given no willful conduct and proof of a meritorious action; the court granted the motion to vacate the default pursuant to CPLR 5015(a)(1); reinstating the complaint.
806 Seneca Ave. Assoc.; Llc V. King
806 Seneca Ave. Assoc.; Llc V. King
All Decisions
In this nonpayment proceeding; the court denies the tenant's second motion to vacate a default judgment and dismiss the case; finding his conclusory denial of service insufficient. However; the court grants the tenant a stay pending appeal upon payment of arrears and ongoing use and occupancy. The landlord's cross-motion to amend "Jane Doe" to the true tenant's name is denied due to a lack of due diligence under CPLR § 1024; as the true name was ascertainable from the lease. Consequently; the default judgment and warrant against "Jane Doe" are vacated; and the petition is dismissed as to that party; …
14th Street Associates L.P. V. Przystup
14th Street Associates L.P. V. Przystup
All Decisions
In this holdover proceeding alleging the tenant's objectionable conduct due to noxious odors, the tenant filed a multi-part motion. The court denied the tenant's motion to dismiss, finding the landlord's predicate notices sufficiently particular regarding the nature and dates of the alleged odors. However, the court largely granted the tenant's motion to compel a bill of particulars, holding that identifying information of complaining tenants constituted amplification of the landlord's claims. Information about the landlord's agents, however, was deemed evidentiary and beyond the scope. The court denied the tenant's motion for discovery, finding no ample need, and the case was scheduled …
Westminster Apts. Llc V. Deetjen
Westminster Apts. Llc V. Deetjen
All Decisions
In this nuisance/breach of lease holdover proceeding, the tenant moved to dismiss, arguing the landlord's petition was defective for failure to serve a 30-day termination notice under the federal CARES Act, as the property had a federally backed mortgage. The court denied the motion, holding that the CARES Act's 30-day notice requirement applies exclusively to non-payment proceedings, not to holdover proceedings based on nuisance or lease breach. The court found that subsections (b) and (c) of 15 U.S.C. § 9058 must be read in unison, and the notice provision (c) is implicitly limited by subsection (b)'s express reference to non-payment …
Lenox Twins Llc V. Watson
All Decisions
In this rent-stabilized nuisance holdover proceeding, the tenant moved for summary judgment to dismiss the petition, while the landlord cross-moved to amend the petition. The court found the landlord's predicate notice sufficiently detailed the alleged nuisance conduct. However, the tenant presented a sworn affirmation flatly denying the nuisance allegations, including throwing garbage from windows. The landlord failed to offer any rebuttal from an individual with personal knowledge or competent corroborating evidence. Consequently, the court granted the tenant's motion for summary judgment, dismissing the petition, and denied the landlord's cross-motion as moot.
Clinton Arms Associates V. Gonzalez
Clinton Arms Associates V. Gonzalez
All Decisions
In this nonpayment proceeding for a project-based Section 8 unit, the court granted the tenant's motion to amend her answer and for summary judgment, dismissing the case. The landlord failed to comply with mandatory HUD Handbook recertification and termination procedures, including serving deficient and untimely notices lacking required information and proof of both mailing and personal delivery. Inconsistencies in the tenant's file further highlighted the landlord's procedural failures, which improperly terminated the tenant's subsidy. As the subsidy termination was improper, the landlord was barred from maintaining a nonpayment proceeding based on market rent.
Clinton Arms Associates V. Gonzalez
Clinton Arms Associates V. Gonzalez
All Decisions
The court granted the tenant's motion for summary judgment, dismissing the landlord's nonpayment petition. The landlord sought market rent after purporting to terminate the tenant's HUD Project-Based Section 8 subsidy. However, the landlord failed to demonstrate compliance with HUD Handbook regulations for recertification and subsidy termination. Specifically, the recertification and termination notices lacked required information, proof of proper service (including attempted personal delivery for termination), and timely issuance. The court found that deficient recertification notices, which did not state the exact market rent, preclude a nonpayment proceeding. No question of fact existed regarding the landlord's non-compliance, necessitating dismissal.
Betwixt And Between: Restorative Justice, Dei, And Education Carcerality, Thalia González, Alyssa Faith Scott
Betwixt And Between: Restorative Justice, Dei, And Education Carcerality, Thalia González, Alyssa Faith Scott
Fordham Urban Law Journal
No abstract provided.
Bsc Owner Llc V. Johnson
All Decisions
The landlord moved to restore a holdover proceeding seeking a final judgment of possession based on the tenant's alleged breach of a 2019 probationary stipulation. The stipulation required the tenant to permanently exclude her son from the premises and remove him from the household composition. The landlord's motion relied on "information and belief" that the tenant changed the head of household to her son and that the tenant may reside in Pennsylvania. The court denied the motion, finding the landlord's affirmations and documentation insufficient, lacking personal knowledge and corroborating evidence, and failing to demonstrate a breach, particularly that the son …
Venturing Into Health, Rachel E. Sachs
Venturing Into Health, Rachel E. Sachs
Fordham Law Review
In recent years, the landscape of venture capital (VC) investment in healthcare technologies has been altered by the introduction of new types of VC firms: those that have emerged from hospital systems and health insurers. However, the legal literature has not yet analyzed these new VC firms, the role they may play in healthcare innovation, and how innovation law and policy ought to consider their involvement. Hospital system and health insurer VC firms operate very differently than traditional VC firms, even those that have historically developed healthcare specializations. Instead of simply investing capital into start-up firms, hospital system and health …
The Roberts Court Paradox, John C. P. Goldberg, Benjamin C. Zipursky
The Roberts Court Paradox, John C. P. Goldberg, Benjamin C. Zipursky
Fordham Law Review
As perhaps the most conservative Supreme Court of the past century, the Roberts Court regularly touts its commitment to traditional ideals, including the rule of law. Yet Trump v. United States seems ready to place presidents entirely or largely above the law by granting them absolute or near absolute immunity from criminal prosecutions for official conduct. And Trump is not a one-off: from judicial recusal to qualified immunity to due process decisions, the Court frequently seems to display indifference to values of accountability and impartiality that have long been thought integral to the rule of law. What is going on? …
Emotionally Unstable: Addressing Emotional Distress As A Concrete Injury In Data Breach Cases Post-Transunion, Anna P. Cox
Emotionally Unstable: Addressing Emotional Distress As A Concrete Injury In Data Breach Cases Post-Transunion, Anna P. Cox
Fordham Law Review
Data breaches and data breach litigation are exponentially on the rise. Plaintiffs whose information is stolen in a data breach often claim emotional distress for fear of future harm the data breach may cause. However, plaintiffs who bring suit in federal court must show that they have suffered an injury in fact for purposes of Article III standing before a federal court will exercise jurisdiction. The U.S. Supreme Court’s decision in TransUnion LLC v. Ramirez requires that plaintiffs who seek money damages under a theory of risk of future harm show that they have suffered a present concrete injury to …