Digital Commons Network^™

Seeing The Humanity In Each Object: Finding Justice Amid The Law, Gideon Taylor, Ruth J. Weinberger

Fordham Law Review

The restitution of Nazi-looted cultural and religious property remains an important aspect of providing a measure of justice for Holocaust victims and their heirs. The United States has played a leading role, from early postwar restitution efforts to shaping international principles, such as the Washington Conference Principles on Nazi-Confiscated Art (the “Washington Conference Principles”), the Terezin Declaration, and the recent Best Practices for the Washington Conference Principles. Yet restitution within the United States continues to rely largely on litigation, with varying outcomes and limited provenance research compared to some European countries. The following Essay examines America’s contributions and challenges and …

Afternoon Delight Fifth Avenue Associates, Llc V. Campbell

All Decisions

In this holdover proceeding, the landlord sought possession of a deregulated apartment after serving a non-renewal notice under RPL 226-c. The landlord moved for use and occupancy. The tenant cross-moved for leave to amend their answer and for summary judgment, arguing the landlord failed to serve the predicate notice. The court granted the tenant's motions, deeming the amended answer served and dismissing the proceeding without prejudice. The court found no affidavit of service of the predicate notice in the record, a statutory requirement and condition precedent for maintaining the holdover, thus denying the landlord's motion as moot.

Recalibrating Risk Under Dobbs, Yvonne Lindgren, Michelle Oberman

Fordham Law Review

In response to mounting evidence of the devastating harms patients have experienced under abortion bans, abortion opponents and the Supreme Court of Texas have argued that the bans are clear but that doctors are willfully refusing to provide care. Instead of reforming the bans, they argue that doctors should be sued in medical malpractice for their failure to meet the standard of care. This Article interrogates that claim, investigating whether the crisis in reproductive healthcare that has resulted from delayed and denied care can be remedied by suing doctors. Specifically, can medical malpractice litigation provide guardrails against the erosion in …

When The Taxpayers Are Not Innocent: The Need For Punitive Damages Against Municipalities Under The Fair Housing Act, Charlotte Saltzman

Fordham Law Review

Combatting housing discrimination by municipalities is a core function of the Fair Housing Act (FHA). Courts disagree, however, as to whether punitive damages can be awarded against municipal defendants. The purpose of this Note is twofold. First, it compares the Second Circuit’s recent decision in Gilead Community Services, Inc. v. Town of Cromwell, which held that punitive damages were appropriate against the Town of Cromwell, with the reasoning of district courts that came to the opposite conclusion in reliance on § 1983 precedent. Second, notwithstanding the sufficiency of the statutory analysis, it evaluates the public policy concerns of awarding …

Remarks, Amassador Abubakar Jidda

Fordham Law Review

No abstract provided.

Cultural Property Protection As A National Security Enforcement Priority, Andrew C. Adams

Fordham Law Review

No abstract provided.

Corporeal Property And The Limits Of Nagpra, M. Alexander Pearl

Fordham Law Review

No abstract provided.

The Native American Graves Protection And Repatriation Act As A Model Of Cultural Sovereignty For Protecting Indigenous Sacred Site, Michalyn Steele

Fordham Law Review

No abstract provided.

Oligarchy, State, And Cryptopia, Julie E. Cohen

Fordham Law Review

Theoretical accounts of power in networked digital environments typically do not give systematic attention to the phenomenon of oligarchy—to extreme concentrations of material wealth deployed to obtain and protect durable personal advantage. The biggest technology platform companies are dominated to a singular extent by a small group of very powerful and extremely wealthy men who have played uniquely influential roles in structuring technological development in particular ways that align with their personal beliefs and who now wield unprecedented informational, sociotechnical, and political power. Developing an account of oligarchy and, more specifically, of tech oligarchy within contemporary political economy therefore has …

It’S A Balancing Act: Analyzing The First Fair Use Factor, Taylor Gluckman

Fordham Law Review

Fair use has always been an important element of copyright law. The first fair use factor, “the purpose and character of the use,” has become especially important after the U.S. Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The “purpose and character” is typically analyzed by determining if a secondary work is “transformative,” but lower courts do not agree on what it means to be transformative. There is also disagreement on how to balance a secondary work’s transformative nature with its commercial nature when deciding whether the first factor favors fair use.

This …

Defining “Cases” Or “Controversies”: A Fundamental Confusion In Article Iii Standing Doctrine And Its Consequences In Multi-Plaintiff Litigation, Dominic Signa

Fordham Law Review

The United States Supreme Court has addressed the absolute core requirements of standing under Article III of the U.S. Constitution on several occasions. However, the Court has not clearly articulated what purpose standing serves relative to Article III’s limitations on the exercise of judicial power to only “cases” or “controversies,” and this has led to major downstream effects in the realm of multi plaintiff litigation. Specifically, the Court has not explained whether standing is meant to ensure (1) that all potential plaintiffs demonstrate that they are properly parties to the same case or controversy before a federal court or (2) …

17 Eldridge Street Corp. V. Saavedra

All Decisions

The landlord commenced a nonpayment proceeding. The tenant moved for summary judgment to dismiss the petition, arguing the predicate rent demand was fatally defective because it lacked the required Good Cause Eviction Law (GCEL) notice under RPL § 231-c. The landlord conceded the omission but cross-moved to amend the petition. The court found the GCEL notice requirement mandatory for rent demands under RPAPL § 711(2). Adhering to the rule that predicate notices are unamendable, the court granted the tenant's motion, dismissing the petition without prejudice, and denied the landlord's cross-motion as moot. The tenant substantially won.

1712-1715 Hdfc, Inc. V. Lambert

All Decisions

Landlord commenced a licensee/squatter holdover proceeding against the tenant, the daughter of the deceased prior tenant, seeking possession of a Project Based Section 8 apartment. The tenant asserted succession rights. The primary legal issue was whether the tenant's omission from the prior tenant's annual HUD recertification forms precluded her succession claim, given the building's Project Based Section 8 status. The court found that such an omission created a rebuttable presumption, not an absolute bar. After a trial where the tenant presented substantial documentary and testimonial evidence of co-occupancy that was largely unrefuted, the court ruled in favor of the tenant, …

Lo. Buildings Llc V. Brown

All Decisions

In this holdover proceeding, the tenant moved to dismiss, alleging the landlord failed to use the required Notice of Petition form mandated by 22 NYCRR § 208.42(b) and Administrative Order 163/19. The court found that the landlord's omission of the phrase "or are deaf or hard of hearing" from the interpretation services section constituted a substantive and fatal defect, akin to a defective predicate notice. Citing precedent, the court held the Notice of Petition was not amendable, thus granting the tenant's motion and dismissing the proceeding. The landlord's cross-motion was not considered.

Parco V. Fisch

All Decisions

The court denied the tenant's motion to dismiss a holdover petition, finding the predicate notice sufficient despite lacking detailed small landlord exemption proof. The landlord was permitted to amend the petition to include Good Cause Eviction Law (GCEL) small landlord exemption information required by RPL § 214(1), as such pleading defects are amendable. The tenant's motion for leave to file an answer was largely granted, and limited discovery was ordered regarding the landlord's claimed exemption and the tenant's harassment counterclaims, while overly broad discovery demands were stricken.

Chan V. Encalada

All Decisions

In a nonpayment proceeding, the landlord's petition was dismissed. After a trial on tenant's counterclaims, the court found for the tenant, awarding a $20,000 rent abatement for breach of warranty of habitability due to conditions like damaged floors, mold, lack of heat/cooking gas, and pests. The tenant also proved harassment, receiving $1,000 in compensatory damages and $35,000 in punitive damages, citing the landlord's omission of essential services demonstrating intent or malice, including physical assaults. The court also ordered the landlord to correct all outstanding DHPD violations.

Gvs Props. Ii, Llc V. Walton

All Decisions

A landlord initiated a holdover proceeding, alleging occupants were licensees. The tenants moved to dismiss, contending they were tenants at sufferance or at will, thus requiring a 30-day notice of termination under RPL § 228, not the 10-day notice served. The landlord argued a prior Appellate Division decision, which found tenants were not rent-stabilized, estopped this claim. The court disagreed, holding that prior findings did not preclude the tenants from arguing non-licensee status. Recognizing the tenants had exclusive possession, the court determined they were improperly classified as licensees, rendering the 10-day notice insufficient and dismissing the petition without prejudice.

Rogers Realty Llc. V. Phillip

All Decisions

In this nonpayment proceeding, the tenant moved to amend her answer and dismiss the case, arguing the landlord failed to comply with LLCL § 206 by not publishing its incorporation details when the action commenced. The landlord submitted proof of belated publication. The court granted the tenant's motion to amend the answer but denied the motion to dismiss. It held that the landlord's failure to comply with LLCL § 206 at the time of commencement was not a jurisdictional defect and could be cured nunc pro tunc by subsequent publication, thereby allowing the landlord to maintain the action.

Jacin Invs. Corp., N.V. V. Von Vogt

All Decisions

In this holdover proceeding, the Appellate Term reversed the lower court's dismissal of the landlord's petition and ordered a new trial. The landlord sought to recover possession, arguing the apartment became deregulated after a rent-controlled tenant vacated, due to vacancy increases and individual apartment improvements (IAIs). The Civil Court dismissed, citing the landlord's failure to register the apartment as deregulated or stabilized. The Appellate Term held that regulatory status derives from statute, not registration errors or estoppel. The matter is remanded to evaluate the landlord's IAI evidence and the "first rent" legality, as no statute of limitations bars determining an …

Hussain V. Nelson

All Decisions

The landlord commenced a holdover proceeding against the tenant, classifying them as a licensee following a foreclosure. The tenant moved to dismiss, arguing the termination notice was defective. The court determined the tenant, a former owner who sold the property to an entity that later faced foreclosure, was actually a tenant at sufferance, not a licensee. As such, the tenant was entitled to a 30-day notice of termination under RPL § 228, not the 10-day notice issued under RPAPL § 713. The court granted the tenant's motion to dismiss the proceeding without prejudice due to the improper predicate notice.

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

No abstract provided.

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.

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.

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 …

Letting Government Breathe: How Zoning Deregulation Provides A Workable Solution To Homelessness, Nicholas G. Glover, Esq.

Fordham Urban Law Journal Online

No abstract provided.

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; …

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.

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.

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 …