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Sanford Assoc. Holdings Llc V. Shekhman

All Decisions

In this nonpayment proceeding, the landlord's claim was dismissed because the tenant did not have a rental agreement at the time the case was filed. The court found that the tenant's obligations only arose after signing a lease in April 2024, making the rent demand defective. As a result, the landlord failed to establish a cause of action, and the case was dismissed.

Sanford Associates Holdings Llc V. Shekhman

All Decisions

Landlord filed a nonpayment action against tenant, who had inherited a rent-stabilized lease from his late mother. Tenant moved to dismiss, arguing he had no rental agreement when the proceeding began and that the rent demand was flawed, including pre-lease arrears. The court dismissed the case, finding no valid rental agreement existed at filing and deeming the rent demand defective for including unpaid amounts predating tenant's succession lease.

Ada Buffa Realty Llc V. Gharbi

All Decisions

Landlord brought a holdover proceeding alleging nuisance due to tenant's failure to prepare for bedbug extermination, claiming it interfered with others' comfort. Tenant moved to dismiss, arguing the termination notice was insufficiently detailed. The court agreed, finding the notice lacked specifics on how tenant's actions affected other residents, dismissing the case for failing to meet nuisance claim standards.

Decision In Art. 78 Proceeding - Coleman, Steve (2024-10-08)

Decisions in Art. 78 Proceedings

No abstract provided.

West Side Marquis Llc V. Lombard

All Decisions

In this licensee holdover case, the court granted summary judgment dismissing the petition, ruling the respondent is a rent-stabilized tenant under a valid renewal lease, not a licensee. The court found the landlord misdescribed the apartment's regulatory status, violating RPAPL § 741. After the tenant of record died, the landlord issued a renewal lease for the respondent listing both the deceased tenant and the respondent. The court held that the respondent's mother validly accepted the lease on his behalf, making the renewal binding under Rent Stabilization Code § 2523.5(a) and General Obligations Law § 5-703.

Monfils V. Vista On 5th Corp.

All Decisions

In this illegal lockout case, the court ruled that the tenant retains possession of the premises despite being temporarily transferred to a hospital and rehabilitation facility. The landlord's refusal to readmit the tenant without court approval violated statutory protections under Social Services Law § 461-g. The court found that a resident's discharge from an enriched housing program requires a court proceeding, and self-help measures are unlawful. The tenant met the burden of proving an illegal lockout under RPAPL §713(10), and the case was restored to allow the landlord to address unresolved claims.

Crypto & The Climate: Will Local & National Environmental Regulation Save Or Stifle The Cryptocurrency Boom?

Fordham Environmental Law Review

As cryptocurrencies continue to gain traction among mainstream investors and consumers, regulators and lobbyists are increasingly taking note of the potential environmental impacts of the industry. At its core, the process of mining new currency for virtual wallets is energy intensive, which can place strains on electrical grids and accelerate the impacts of climate change. However, these effects are felt very differently depending on what source of electricity the mining operation utilizes and the methodology behind the specific currency. These variable factors are on the minds of legislators and regulators as public pressure to better understand and regulate the industry …

A Shifting Focus: How Algal Turf Scrubbers (Ats) In Natural Waterways Can Prevent Toxic Blooms And Could Save The Algae Energy Industry

Fordham Environmental Law Review

Biofuels have generated global interest among oil companies and governments. In particular, algal biofuels are slated to be more promising than traditional biofuel feedstocks, like corn and sugarcane, which are simultaneously cultivated as food products. However, the drawbacks of harvesting algae on a large industrial scale has led to intense criticism. Most critics focus on issues of sustainability, scalability of production, and the legal and ethical concerns of genetically modified crops. New research in cyanobacteria, however, illustrates algae’s potential to produce clean electricity in addition to oil, ethanol, and gasoline. Moreover, using Algal Turf Scrubbers (“ATS”) in natural waterways offers …

Why We Need A Constitutional Right To Healthy Environment In Canada

Fordham Environmental Law Review

The increasing demand for constitutional recognition of the right to a healthy environment (‘RTHE’) has been a matter of public concern and debate in many countries, including Canada.2 This paper asks, will a constitutional RTHE within the Canadian Constitution add any value when statutes already exist to protect the environment (and thereby health)? The present environmental statutes work towards protecting the environment, and by protecting the environment, public health can be protected.3 Together, both of them form a ‘healthy environment’, ie., an environment that fosters a healthy life.4 This paper will argue that there is additional value in recognizing a …

Diego Beekman Mutual Housing Association H.D.F.C. V. Mcclain

All Decisions

In this nuisance holdover proceeding, the landlord sought to reargue a dismissal based on failure to provide required VAWA notices to the tenant. The court upheld the dismissal, concluding that the landlord's noncompliance with federal regulations rendered the proceeding defective. The court emphasized that the notices are mandatory regardless of the tenant's domestic violence status.

Reb Dovid Realty Llc V. Thorne

All Decisions

In this non-payment proceeding, the landlord sought $7,417.28 in arrears from the tenant. The tenant raised defenses related to the warranty of habitability and filed counterclaims, including harassment. The court ordered the landlord to correct outstanding HPD violations, with specific timelines for different classes of violations, while reserving other claims for trial. Access for repairs was to be coordinated between the parties, ensuring safety measures due to COVID-19 were observed. The case is set for trial on October 22, 2024.

Bo Hong Realty Inc. V. Butler

All Decisions

In this overcharge claim, the tenant's motion for discovery beyond the standard four-year look-back period was granted. The tenant alleged a fraudulent scheme to deregulate the apartment, pointing to discrepancies in rent registration and significant rent increases. The court ruled that the totality of circumstances supported the tenant's request for documents dating back to 2012 to explore potential fraud, noting the recent legal changes that do not require common-law fraud elements to invalidate the base date for overcharge claims.

3030 Brighton Llc V. Farber

All Decisions

In this holdover proceeding, the landlord successfully established that the tenant breached a substantial obligation by failing to grant access for necessary repairs and engaged in nuisance behavior. The court dismissed the tenant's motions for dismissal and discovery, granting the landlord summary judgment for possession while permanently staying the eviction warrant, acknowledging the tenant's long-term residency and lack of further nuisance allegations after the cure notice.

Matter Of Hefti V New York State Div. Of Hous. & Community Renewal

All Decisions

The court upheld DHCR's denial of tenant's PAR, finding that there was no fraudulent scheme to deregulate the apartment. DHCR rationally relied on a 2005 order, rejecting tenant's claim that a 2001 rent increase established fraud. The court affirmed the dismissal of the tenant's overcharge claims, denying any award for treble damages, and found no due process violations in the DHCR's proceedings. Article 78 petition.

Matter Of Aidekman V State Of N.Y. Div. Of Hous. & Community Renewal

All Decisions

The court reversed the lower court's decision, reinstating the tenant's petition and remanding the case to DHCR to award treble damages for a willful rent overcharge. It found the landlord failed to prove that the overcharge was not willful, rejecting claims of confusion over the apartment's stabilization status, and held that refunding the overcharge did not rebut the presumption of willfulness. Article 78 petition.

Ash Ave Llc V. Wilder

All Decisions

In this licensee holdover proceeding, the court denied the tenant's motion to dismiss, upholding the landlord's subject matter jurisdiction over the case. The tenant's claims of improper service and lack of personal jurisdiction were rejected due to insufficient detail in the denial of service. Additionally, the court found unresolved factual issues regarding the tenant's status as a tenant or licensee, necessitating a trial. The landlord's cross-motion for discovery and use and occupancy was also denied due to procedural shortcomings.

Park View Bay Llc. V. Morales

All Decisions

In this non-payment proceeding, the court corrected a prior error by granting Tenant's motion to reargue Judge Hahn's previous denial of the respondent's motion to dismiss. Upon reargument, this court dismissed the case based on the undisputed fact that no lease was in effect when the non-payment proceeding began, referencing Fairfield Beach 9th, LLC v. Shepard-Neely. Tenant Respondent argued that the petitioner sought rent for a period after the rent-stabilized lease had expired. While some First Department courts have indicated that a non-payment case could be maintained despite the absence of a lease at the time of commencement, Judge Tovar …

957 Park Avenue Llc V. Ordonez

All Decisions

The landlord commenced a holdover proceeding against the tenant, alleging that the tenant was not the primary resident of a rent-controlled apartment and was improperly occupying it based on a non-primary residence claim. The tenant sought to succeed to the tenancy but failed to prove sufficient familial interdependence. The court awarded possession to the landlord, staying the eviction until November 7, 2024, with eviction to occur thereafter.

Hossain V. Cherry

All Decisions

In this post-eviction proceeding, the court granted the tenant's motion to vacate a default judgment of possession due to improper service. The landlord's process server served papers to a 13-year-old, which was deemed inadequate under CPLR 308, as proper service requires delivery to a person of suitable age and discretion, defined as at least 16 years old. The court found the service was rushed and did not meet the statutory requirements, thus restoring the tenant to possession.

Jpmorgan Chase Bank, National Association V. Carrasquillo

All Decisions

In this post-foreclosure holdover proceeding, the court found the predicate notice defective due to the petitioner's failure to comply with the required 90-day notice under the Protection Tenants at Foreclosure Act (PTFA). The petitioner issued a conflicting notice that created ambiguity by presenting two timelines and then filed for eviction within two weeks, violating the notice's provisions. As a result, the court dismissed the case without prejudice, emphasizing that a defective notice cannot be amended.

Mandalay Leasing L.P. V. Andall

All Decisions

In this nuisance holdover proceeding, the landlord's claims of the tenant's alleged violent behavior toward staff were insufficient to establish a pattern of nuisance. The court found that the incidents described lacked the necessary specificity and did not demonstrate a sustained risk or significant harm, leading to the dismissal of the petition.

Greenport Preservation Lp V. Bennett

All Decisions

The court denies the tenant's motion to dismiss in this licensee holdover case, rejecting claims that the predicate notice was legally deficient or improperly served. It finds the notice sufficient, stating the tenant of record had died, which terminated any license, and provided 30 days to vacate instead of the required 10. The tenant can still assert succession rights at trial. The court also dismisses the argument regarding improper service, as the tenant failed to provide evidence to challenge the process server's affidavit, which establishes a presumption of proper service. These service issues do not affect the court's personal jurisdiction …

Bridging The False Certification Gap: Why “Resulting From” In The 2010 Aks Amendment Requires But-For Causation, Alexandra Wildman

Fordham Law Review

Before 2010, violators of the Anti-Kickback Statute (AKS) could avoid False Claims Act (FCA) liability if claims for items or services borne of their kickback scheme were submitted to federal healthcare programs by a third party. In 2010, as part of the Affordable Care Act (ACA), Congress attempted to close this loophole in the FCA by amending the AKS. Under the amendment’s terms, claims submitted to federal healthcare programs for items or services “resulting from” an AKS scheme are false for the purposes of establishing FCA liability, regardless of who submitted the claims.

Although the amendment widened the FCA liability …

Tactical Restructurings, Diane Lourdes Dick

Fordham Law Review

The traditional legal account of a corporate debtor’s journey into and through bankruptcy reorganization naturally focuses on legal rights and entitlements, such as obligations arising under the debtor’s existing agreements and rights articulated in the U.S. Bankruptcy Code. But the traditional legal account does little to probe why these prior agreements and transactions were entered into in the first place, and how they interact with the bankruptcy system to generate predictable outcomes. Rather, the traditional legal account applies a presumption that the debtor’s financial characteristics, qualities, and features (what this Article calls “restructuring attributes”) are not premeditated, at least insofar …

Ethical Guardrails To Unbounded Procedure, Seth Katsuya Endo

Fordham Law Review

Civil lawsuits in federal courts—especially class actions and multidistrict litigation (MDL)—can be messy and complicated, calling for pragmatic interventions that lie beyond what is explicitly addressed by the existing rules. And flexibility is part of the genius of the Federal Rules of Civil Procedure. On the other hand, unbounded discretion and innovation in procedure can lead to illegitimate exercises of power, bias, democratic nonaccountability, and other serious harms. But the choice is not between providing individual courts with nearly limitless authority to experiment with procedure or having a set of rigid rules. Instead, there is a third path: district judges …

The Contemporary Case For Consumer Expectations: Reevaluating The Evolution Of The Original Defect Standard And Its Place In Modern Products Litigation, Alyssa Clune

Fordham Law Review

The consumer expectations standard for design defect has been the subject of fierce debate since its inception. Though many see it as the test that best reflects the plaintiff-friendly goals of products liability, others critique it as vague, outdated, and ripe for jury misuse. Once the primary test for design defect under the Restatement (Second) of Torts, the consumer expectations test has since been rejected by the Restatement (Third) of Torts, and its use has been eliminated or restricted in approximately half of all states in favor of the risk-utility test. Much of the reasoning behind this growing rejection revolves …

Section 1983 And Voting Rights: A Case Study On The Materiality Provision And The Future Of Private Enforcement, Paul Feingold

Fordham Law Review

A recent ruling by the U.S. Court of Appeals for the Eighth Circuit stating that § 2 of the Voting Rights Act of 1965 is not enforceable by private litigants under an implied private right of action has many voting rights advocates rightfully concerned about the future of federal voting rights protections. Indeed, that ruling appears partly motivated by signals from the U.S. Supreme Court. However, not all hope is lost. In Health and Hospital Corp. of Marion County v. Talevski, the Supreme Court recently reaffirmed its Gonzaga University v. Doe test for enforcing a statute under § 1983. …

Surviving The Rule Of Reason: An Antitrust Analysis Of Employment Noncompetes, Erin Lee

Fordham Law Review

When the Federal Trade Commission (FTC) issued a rule banning noncompete agreements as unfair methods of competition, it reinvigorated debates regarding the purpose of federal antitrust law. At its core, federal antitrust law seeks to preserve a competitive economy and promote new entry into the marketplace, primarily to protect consumer interest. Under President Biden’s administration, the FTC has increased its efforts to expand the scope of antitrust protection beyond consumer welfare by applying it to other public policy concerns, such as employee mobility. The FTC points to noncompete agreements as detrimental constraints to employees’ economic freedoms. In practice, employment noncompetes …

Make America Fake Again?: Banning Deepfakes Of Federal Candidates In Political Advertisements Under The First Amendment, Sophie Loewenstein

Fordham Law Review

In recent years, artificial intelligence (AI) technology has developed rapidly. Accompanying this advancement in sophistication and accessibility are various societal benefits and risks. For example, political campaigns and political action committees have begun to use AI in advertisements to generate deepfakes of opposing candidates to influence voters. Deepfakes of political candidates interfere with voters’ ability to discern falsity from reality and make informed decisions at the ballot box. As a result, these deepfakes pose a threat to the integrity of elections and the existence of democracy. Despite the dangers of deepfakes, regulating false political speech raises significant First Amendment questions. …

(Synthetic) Stump Speech: Crafting Generative Ai Disclosure Regulations For Political Advertisements, Alex Paget

Fordham Law Review

Synthetic media, or content generated using artificial intelligence, has begun to infect political advertising. Federal legislation has spent most of its time stalled in committees, but states and online platforms have rapidly implemented regulations. Although synthetic media may pose harms through voter manipulation and democratic distortion, it also can lower campaign costs and more vividly illustrate conceptions of a political choice’s consequences. Some governments and commentators have sought to prohibit the most harmful forms, while others have focused more on transparent approaches to regulation. In the face of yet another contentious election cycle, the question of how to ensure choices …