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Rp Wimbledon Owner, Llc V. Chisholm

All Decisions

A landlord's motion to reargue a holdover case, based on non-renewal for alleged arrears under RPL § 226-c, was denied. The court reiterated that even pre-amendment RPL § 226-c notices, when based on nonpayment under the Good Cause Eviction Law (GCEL), must reasonably inform the tenant of the exact sum owed and its calculation to allow for a cure. The court found that simply stating a lump sum of arrears without detailing the periods of nonpayment was insufficient under RPAPL § 741(4), affirming its prior dismissal despite the landlord's argument for liberal construction.

Ricketts V. Holloway

All Decisions

In this no-grounds holdover proceeding, the court granted the tenant's motion to dismiss because the petition contained an incorrect description of the premises. The tenant provided conclusive evidence, including prior court records and physical apartment labels, that he resides on the third floor, Apartment 3, not the second floor, Apartment 2, as alleged by the landlord. The court rejected the landlord's argument that a 2012 lease with the incorrect address should control, citing established caselaw requiring an accurate description for marshal identification, and noting the landlord provided no personal knowledge to refute the tenant's claims.

One Arden Partners Lp V. Butler

All Decisions

In a nonpayment case, the court awarded the tenant a significant rent abatement (63%) due to severe apartment conditions. The landlord established its prima facie case for arrears. However, the tenant successfully demonstrated a breach of the warranty of habitability, proving extensive rat infestation (15-60% abatement), lead paint and leak issues (15% abatement), and a defective apartment door (7% abatement). The court calculated a total abatement of $37,337.68, reducing the landlord's money judgment to $21,575.02.

Ford V. Ford

All Decisions

The Appellate Term affirmed the Civil Court's order denying the tenant's motion to dismiss or for summary judgment and granting the landlord's cross-motion to amend the petition in a licensee holdover proceeding. Key legal points included that a trust's trustee is the proper party to maintain an action, and amendment to substitute the trustee is appropriate where, as here, the trustee signed relevant documents and no prejudice was shown. The court also found the conspicuous-place service of the predicate notice and petition was proper, supported by three attempts at different times. Additionally, the tenant's documentary evidence did not conclusively refute …

Natale Family Trust V. Heidel

All Decisions

The Appellate Term reversed a lower court's judgment that dismissed a landlord's holdover petition. The lower court had granted tenant summary judgment, finding the premises a rent-stabilized horizontal multiple dwelling, and denied the landlord's cross-motion to amend the petition to substitute a trustee for the trust as petitioner. The Appellate Term ruled that triable issues of fact existed regarding the horizontal multiple dwelling status, precluding summary judgment. It also held that a trust, while not a proper party, does not affect subject matter jurisdiction, allowing amendment to substitute the trustee. The case was remitted for further proceedings.

75-89 Wadsworth Terrace Llc V. Vines

All Decisions

In a licensee holdover proceeding for a rent-stabilized apartment, the court granted the tenant's motion to stay the proceeding. The tenant, claiming succession rights to her deceased grandmother's tenancy, had an application pending before the DHCR. Despite the landlord's argument for concurrent jurisdiction and an expeditious determination, the court found no specific showing of prejudice by the landlord. The stay, granted under CPLR § 2201 to avoid duplicative adjudications, is conditioned on the tenant's timely payment of rent in ongoing use and occupancy, commencing June 2025. The stay will remain in effect until August 31, 2025, or a DHCR determination, …

Idehen V. Stoute-Phillip

All Decisions

The landlord initiated a non-payment proceeding, seeking rent arrears for a period where no rental agreement was in effect for the rent-stabilized apartment. The tenant moved to dismiss pursuant to CPLR 3211(a)(7) and (a)(1), arguing the petition failed to state a cause of action and was unsupported by documentary evidence. The court granted the tenant's motion, citing that a proper rent demand is a statutory prerequisite and the demand was defective as no rent was due under a valid lease for the period claimed, in accordance with *Shepherd-Neely* precedent disallowing month-to-month rent-stabilized tenancies. The court also ordered the landlord's counsel …

Rose V. Gazivoda 118 Llc

All Decisions

In this rent overcharge action, the tenant's motion to renew their request for summary judgment was granted, but their motion for summary judgment was ultimately denied. The court affirmed that the pre-HSTPA look-back period applies to overcharges accrued before HSTPA's enactment, consistent with *Matter of Regina Metro. Co.* While acknowledging a statutory change (L. 2024, Ch. 95 § 4) mandating a "totality of the circumstances" standard for fraudulent deregulation claims (J-51), the court found insufficient evidence to grant summary judgment. Disputed issues of fact regarding the landlord's knowledge and intent in deregulating the apartment necessitate a trial to determine if …

Yaaron, Llc V. Swanson

All Decisions

In this non-payment proceeding, the tenant successfully moved to dismiss the petition, with the landlord's cross-motion to amend being denied. The court determined the apartment remained Rent Stabilized, rejecting the landlord's claim of high-rent vacancy deregulation. The landlord failed to comply with pre-HSTPA deregulation requirements, including providing proper notice and registering a lawful rent with DHCR. The court found the landlord's purported "free market" lease rent unlawful and never registered, rendering the petition and rent demand defective. Consequently, the court dismissed the petition, affirming that a non-payment proceeding cannot be maintained without registering the legal regulated rent.

217 E. 93 Llc V. Edwards

All Decisions

In a post-stipulation holdover for lease expiration, the tenant moved to stay execution of a warrant of eviction beyond the stipulated vacate date. The landlord opposed, arguing that RPAPL §753 imposed a one-year time bar on such relief. The court analyzed the statutory tension between RPAPL §§749(3), 753, and CPLR §2201, concluding that §749(3) governs post-issuance stays and lacks a temporal limit. It exercised discretion to extend the eviction stay until June 17, 2025, citing the tenant's health, minor children with educational needs, and lack of prejudice to the landlord. The decision clarifies that courts retain discretion under RPAPL §749(3) …

Hadzovic V. Buckley Sch. In The City Of N.Y.

All Decisions

The tenant sought declaratory and injunctive relief, alleging rent overcharges and improper deregulation of his apartment. After purchasing the building, the landlord moved for summary judgment, claiming a lawful high-rent deregulation occurred in 2009. The tenant countered that the apartment had been used commercially by a prior tenant, disqualifying it from deregulation. The motion court had granted the landlord summary judgment and ejectment. On appeal, the court reversed, holding triable issues of fact remained regarding the apartment's actual use and whether deregulation was proper. The court emphasized that questions concerning mixed commercial and residential use must be resolved by a …

Sales V. Justiniano

All Decisions

In this action for injunctive relief, tenants moved by OSC for a preliminary injunction to compel repairs, cease repair-related harassment, and address ongoing violations in a building lacking a valid certificate of occupancy. The landlord opposed. The court granted all prongs of the motion, citing a likelihood of success on the merits, irreparable harm due to deteriorating conditions, and a balance of equities favoring the tenants. The landlord was ordered to coordinate access for inspections and repairs, cease harassing conduct, and comply with HPD and DOB mandates. The court also maintained an existing rent escrow due to the building's lack …

685 1st Ave Llc V. Cai

All Decisions

In this lease expiration holdover, the landlord sought possession after the tenant failed to execute a renewal lease offered via an online platform. The landlord claimed exemption from RPL § 226-c's notice requirement, arguing its earlier lease offer (below a 5% increase) precluded the need for further notice. The court disagreed, finding that once the landlord decided not to renew the lease, it was obligated to serve a written nonrenewal notice. The court also held that electronic lease offers did not satisfy statutory notice requirements because they violated the lease's specific notice provision requiring service by mail. Additionally, the lease …

Williamsburg Hous. Preserv. Lp V. Khan

All Decisions

The court dismissed the landlord's non-payment proceeding, finding the rent demand defective. The demand merely referred to an attached ledger "riddled with fees and adjustments" rather than clearly itemizing the rent owed by month. This impermissibly shifted the burden to the tenant and court to calculate arrears, preventing the tenant from understanding the claim and formulating a defense.

May 2025, Maloney Library, Fordham University School Of Law

Maloney Matters

No abstract provided.

Matter Of Anderson Ave. Assoc. Lp V. Fuller

All Decisions

A landlord brought a holdover proceeding claiming the tenant had no right to remain in a rent-stabilized unit, asserting exemption under the Rent Stabilization Code due to the involvement of a charitable organization. The tenant, unrepresented at trial, was accompanied only by a GAL who failed to file an answer, obtain counsel, or mount a defense. Judgment was entered for the landlord. On a post-judgment motion, the tenant sought vacatur, which was denied and affirmed by the Appellate Term. On further appeal, the Appellate Division reversed, holding the GAL's failure to act was tantamount to a default, and that vacatur …

Gupta V. Ostad

All Decisions

A tenant moved to dismiss a holdover licensee proceeding under CPLR § 3211(a)(4), arguing that a related Supreme Court action involving the same parties and premises warranted dismissal. The tenant claimed the two proceedings were duplicative. The landlord cross-moved for use and occupancy. The court denied the tenant's motion, finding the Civil Court and Supreme Court actions were not substantially similar, as the latter sought injunctive and monetary relief not available in Civil Court and did not include a counterclaim for possession. The landlord's cross-motion for accrued and pendente lite use and occupancy was also denied because RPAPL § 745 …

A Distinctive Court: A Glimpse Into The History And Significance Of The D.C. Circuit, Judge J. Michelle Childs

Fordham Law Review

Judge J. Michelle Childs serves on the U.S. Court of Appeals for the D.C. Circuit. Before her appointment, Judge Childs received a B.A. from the University of South Florida Honors College and a J.D. from the University of South Carolina School of Law. She also received Masters degrees from the University of South Carolina’s Darla Moore School of Business and from Duke University School of Law, as well as an Honorary Doctorate Degree from the University of South Carolina. After working in private practice for eight years, Judge Childs received an appointment to serve as the Deputy Director for the …

Misusing Eminent Domain: Pretextual Takings For A Traditional Public Use, Cameron P. Hellerman

Fordham Law Review

Eminent domain is a powerful tool at the disposal of local, state and federal governments. The Fifth Amendment to the U.S. Constitution imposes two conditions on this sovereign power: the taking must be for “public use,” and the condemner must pay “just compensation” to the property owner. There are minimal guardrails in place to police potential misuse of the eminent domain power in the courts. The U.S. Supreme Court equates “public use” with “public purpose” and applies a deferential standard of review to a condemner’s determination that a taking serves a public purpose. Nonetheless, the Court in Kelo v. City …

“Shipping” Away The Captive Audience Meeting, Nathan Kakalec

Fordham Law Review

On November 14, 2024, the National Labor Relations Board (NLRB) overturned seventy-six years of labor law precedent by banning captive audience meetings in Amazon.com Services LLC. Captive audience meetings, mandatory meetings where employers discuss unionization with their employees, were a powerful anti-union tool used by employers to coerce their employees into rejecting unionization. The NLRB argues that captive audience meetings are inconsistent with § 7 and § 8 of the National Labor Relations Act (NLRA). Employers reject the NLRB’s assertion and contend that banning captive audience meetings infringes on their First Amendment right to communicate their views on unionization. …

Does The Major Questions Doctrine Apply To The Federal Courts?, Michael Coenen, Seth Davis

Fordham Law Review

The new “major questions doctrine” (MQD) requires courts to apply a “distinct” approach to statutory interpretation when reviewing challenges to an agency action of “vast economic and political significance.” Under that approach, courts must assume that such an action exceeds the scope of that agency’s statutory authority unless there exists “clear congressional authorization” for it. In this Article, we examine whether this new rule for administrative agencies (or what we call the “agency MQD”) implies the existence of a similarly strong constraint on the federal courts’ power to interpret and apply statutes for themselves (or what we call the “judicial …

Text, Context, Or Both?: Considering When And How To Use Statutory History In The New Textualist Framework, Devon Brostoff

Fordham Law Review

Statutory history represents the evolution of a statute through enacted amendments. Although textualists have widely rejected traditional forms of legislative history, statutory history has not received the same fate. Instead, textualists have accepted the use of statutory history as a resource separate from—and superior to—legislative history. Thus, this Note examines how courts are using statutory history, focusing primarily on the author’s analysis of a set of courts of appeals cases that rely on statutory history. Using these cases, this Note explores whether statutory history is best understood as text or context within the interpretation process. Further, this Note challenges the …

Procedural Justice In Parallel Lawsuits, Sarah Parks

Fordham Law Review

The American public places a high value on access to justice and having the opportunity to be heard. These values can either be upheld or diminished by routine procedural rules. The first-to-file rule is an example of an innocuous procedural rule that is a barrier to justice. Under the first-to-file rule, when two parallel suits are filed in different federal district courts, the first-filed suit will proceed, and the second-filed suit will ordinarily be dismissed or transferred to the venue of the other suit. Transfers often terminate an individual’s case because most people cannot afford to litigate far from home. …

Abortion Travel Restrictions Under The Dormant Commerce Clause After National Pork Producers Council V. Ross, Katherine Bartley

Fordham Law Review

Since Dobbs v. Jackson Women’s Health Organization, twelve states have banned abortion entirely, and seven states have banned abortion earlier in pregnancy than the standard set in Roe v. Wade. As abortion access dwindles, patients increasingly cross state lines to seek reproductive healthcare. In response, antiabortion state officials and lawmakers have made efforts to restrict interstate travel for abortion care.

This Note examines abortion travel restrictions under the “Dormant” Commerce Clause doctrine, which limits state laws that burden interstate commerce. In 2023, the U.S. Supreme Court affirmed but narrowed the judge-made doctrine in National Pork Producers Council v. …

The Conversation Continues: The Judiciary’S Evolving Role In Perpetuating Racial Disparities In Addiction Treatment, Sydney Crute

Fordham Law Review

Language is a powerful means of social control, an idea that resonates deeply with court rhetoric as it relates to race. This Note examines the language courts use when discussing cases related to drug use and addiction. During the crack epidemic, when Black individuals represented the race of the primary drug user and drug dealer, courts relied on racially coded language related to crime and fear. Alternatively, during the opioid epidemic, when White individuals represented the race of the primary drug user, courts relied on more neutral language related to the health and well-being of society. Finally, the language courts …

When Prenatal Care Becomes A Crime, Casey Hunter

Fordham Law Review

For decades, pregnant women have increasingly faced criminalization for their actions and conduct during pregnancy, with Alabama emerging as a focal point due to its aggressive use of section 26-15-3.2: Chemical Endangerment of Exposing a Child to an Environment in Which Controlled Substances Are Produced or Distributed. Originally intended to protect children from the dangers of methamphetamine labs, this law has been reinterpreted to prosecute pregnant women who test positive for controlled substances. Central to these prosecutions are positive drug tests obtained from prenatal health records, causing many women to avoid prenatal care for fear of legal consequences.

This Note …

An Electoral College Compromise Constitutional Amendment: Bridging Partisan Divides To Improve Presidential Elections, John Rogan

Fordham Law Review Online

Abolishing the Electoral College in favor of using a national popular vote to elect the president and vice president is unlikely to attract sufficient bipartisan support to reach the high thresholds for amending the U.S. Constitution. However, the Electoral College has flawed features that both Democrats and Republicans might support reforming because those defects can undermine either party’s candidates. This Essay highlights three such defects. First, contingent elections—a process by which Congress selects the president and vice president if no ticket wins a majority of electoral votes—are deeply unrepresentative of the American electorate while also being subject to unpredictable dysfunction …

Evaluating The Ncaa’S Responsiveness To Tampering In The Nil Era, Josh Lens

Fordham Law Review Online

Recent and significant changes in college athletics have led to an increase in the number of athletes who transfer between universities. This requires college coaches to expend significant effort retaining key athletes, especially in the face of widespread “tampering”—recruiting athletes enrolled at other universities who are not in the National Collegiate Athletic Association (NCAA) transfer portal. Despite NCAA rules explicitly forbidding it, coaches have been outspoken regarding the prevalence of tampering, with some going so far as to publicly beg the NCAA to more strictly enforce its anti-tampering rules.

This Essay scrutinizes whether the oft-maligned NCAA has been responsive to …

Bx Pk Phase I Preservation Llc V. Murphy

All Decisions

In this nonpayment proceeding involving a tenant in a Section 8 Mitchell-Lama unit, the court dismissed the case for failure to serve mandatory VAWA notices, a required condition precedent under federal law. While the landlord claimed the notices were served, discrepancies between court filings and claimed service documents undermined that assertion. The judge emphasized that only the process server "not the landlord's agent" could attest to service, and the rent demand's affidavit of service lacked any VAWA mention. As such, the court found petitioner's compliance unsubstantiated and dismissed the proceeding without prejudice. Practice Note: VAWA notice compliance is jurisdictional and …

400 W 59th St Partners Llc V. Wyse

All Decisions

In this nonpayment case, the tenant challenged the landlord's claims based on ERAP acceptance, lack of a valid lease for a gap period, laches, and estoppel. The court held that the ERAP payment created a one-year statutory bar beginning October 2024 and that the absence of a lease from June 2022 to December 2024 voided rent claims for those months. It credited the laches defense for pre-petition arrears (Dec 2020–Feb 2021) but rejected estoppel, finding no misleading conduct by landlord. The court awarded the landlord a final judgment for $16,370.27 and a separate money judgment of $7,015.83. Practitioners should note …