Recent documents in FLASH: The Fordham Law Archive of Scholarship and History
The First Amendment is implicated by students and teachers every day in public schools. For years, courts followed the test established in Pickering v. Board of Education to analyze free speech c...
Section 702 of the Foreign Intelligence Surveillance Act (“FISA”) has been controversial since its inception. Created to allow intelligence collection against targeted foreign persons, electr...
A trend in patent law is mounting, one which this Article refers to as Platform Patent Adjudication. Amazon’s Patent Evaluation Express (“APEX”) now allows patent owners and sellers to reso...
This Article advances the cause of action regarding the Misappropriation of Drawing Power (“free-riding”). It is a form of anti-dilution, along the lines of European Union laws regarding para...
Marilyn Mosby, Founder and Managing Partner of Mahogany Elite Consulting, opened the IPLJ Symposium with her Keynote Address which focused on the cultural, political, and social context surroundi...
The landlord sued the tenant to gain access to the tenant's apartment to exterminate a roach infestation. The court ruled in favor of the landlord, finding that the lease agreement allowed the la...
The landlord sought to evict a rent-stabilized tenant after the lease expired. The tenant claimed rights under the Housing Stability and Tenant Protection Act of 2019 (HSTPA), but the court ruled...
The tenant sued the landlord for rent overcharge in a rent-stabilized apartment. The court ruled in favor of the landlord, finding that the landlord correctly calculated the overcharge and refund...
The court ruled that the tenant's apartment is rent-stabilized, but the tenant failed to establish a fraudulent scheme to recover rent overcharges from a period outside the legal timeframe. The c...
Petitioner appealed an ERAP decision denying additional rent and utilities assistance. ERAP argued the appeal was untimely. The court found the petition moot because ERAP reopened the appeal and ...
The DHCR affirmed the Rent Administrator's order granting a permanent rent reduction of $50 per month due to the landlord's modification of the lobby area, which reduced the available space and c...
DHPD brought a successful motion finding the landlord in contempt of court for failing to comply with a previous order to fix building violations and provide heat and hot water. The landlord was ...
The landlord sued the tenant for non-payment of rent, but the court dismissed the case because the landlord's demand for rent was based on an invalid lease agreement. The court ruled that a non-p...
The landlord sought to evict the tenant through a holdover proceeding, claiming the tenant was a licensee who refused to sign a new lease. The tenant argued a valid 99-year lease existed with ren...
To prevail in a holdover proceeding based on demolition under the Rent Stabilization Law, a landlord must demonstrate financial capacity to complete the project. While a letter of credit from a b...
The tenant challenged rent overcharges dating back to 2001, but the court ruled in favor of the landlord because claims are limited to four years and the tenant couldn't prove fraudulent deregula...
The court reversed a lower court decision and allowed a landlord to proceed with a lawsuit evicting a commercial tenant for failing to follow the terms of the lease. The building had both commerc...
The tenant appealed a court order granting the landlord's motion to evict for non-payment of rent. The Appellate Term affirmed the eviction order. The court ruled that the tenant's Article 81 gua...
A landlord sued a tenant to evict them for lease expiration. The tenant argued the apartment was rent-stabilized. The court ruled that one of the named landlords lacked legal standing to sue, but...