Minor Inconvenience Does Not Justify Rent Abatement, Panel Says

by Joel Stashenko

The Court of Appeals yesterday ruled that a tenant is not justified in withholding all of his rent when a landlord makes only a minimal unauthorized use of a portion of the property, and in separate cases, agreed with Orange County that a couple's due process rights were not violated by a notification procedure used during the taking of property under a tax lien foreclosure, and declined to extend Labor Law §240(1) to include people injured in falls while cleaning manufactured goods before their shipment.

Task Force to Tackle Volume, Delays in Commercial Division

by Brendan Pierson

While members of the Task Force on Commercial Litigation in the 21st Century, who were announced on Feb. 21, praised the Commercial Division's work, all agreed that it is dangerously overburdened, and that its caseload will likely only increase.

Judge Is Removed in Dispute Over Grandmother Visitation

by Jeff Storey

A unanimous panel of the Second Department has removed Justice Debra Kiedaisch from a case in which the judge twice rebuffed a woman's persistent pro se efforts, in the face of determined parental opposition, for visitation with her two young granddaughters.

State Redistricting Panel Set to Meet

by Mark Hamblett

The three judges appointed to review New York's redistricting process will meet with attorneys to elicit guidance on how to help Eastern District Magistrate Judge Roanne L. Mann produce a redistricting plan.

Suppression Hearing Takes Up Ethics of Practice in Queens D.A. Office

by Daniel Wise

A senior prosecutor and veteran defense attorney locked horns last week during a 40-minute oral argument in the controversial exploration of the district attorney's practice of interviewing suspects in the courthouse shortly before they are arraigned.

Second Circuit Judge Miner Dies at 77

by Kris Fischer and Mike Paquette

Judge Roger J. Miner, who assumed senior status in 1997, was appointed to the circuit court in 1985 by President Ronald Reagan. Judge Miner was hearing oral arguments until recently, sitting on a panel that ruled on Feb. 15 that New York's Shield Law protected a journalist from having to appear for a videotaped deposition.

Landlord/Tenant Law

Eastside Exhibition Corp. v. 210 East 86th Street Corp., No. 21

Court Rejects Tenant's Move for Total Abatement of Rent Over Partial Eviction

Constitutional Law

Matter of Orange County Comm. of Finance v. Helseth, Index 9

Due Process Violated by County's Notification Procedure in Tax Lien Foreclosure

Government

Matter of Dolores Sedacca v. Kelly, No. 16

Nassau County Executive Did Not Have the Authority to Dismiss Members of Assessment Review Commission

Labor Law

Dahar v. Holland Ladder & Manufacturing Company, No. 23

Judges Declined to Extend Scaffold Law to Falls While Cleaning Goods Before Shipping

Torts

Posner v. Lewis, et al., No. 7

No Privilege Found for Instigating Complaints Against Nontenured Teacher

Family Law

Matter of Dorcas Peralta v. Thomas Irrizary, 2011-06701

Judge Is Removed in Dispute Over Grandmother Visitation

Contracts / Damages / Torts

Due Pesci Inc. v. Threads for Thought LLC

Garment Seller Sufficiently Pleads Breach Of Contract, Tortious Interference Elements

Criminal Practice

People v. McLoyd

Bystander's Motion to Suppress Weapon Is Granted Over Forcible Detention

Attorneys Fees / Civil Practice / Consumer Protection

Francis v. Atlantic Infiniti Ltd.

Time Supervising Inexperienced Associate Is Duplicative, Not Subject to Legal Fees

Civil Practice / Contracts / Intellectual Property

Versadial Inc. v. Donaldson

Directors Attempted in Good Faith to Locate Investors That Later Defaulted on Loan

Family Law

Vahey v. Vahey

Claim of Cruel, Inhuman Treatment Fails to Specify Time, Place of Misconduct

Contracts / Real Property

Fizzinoglia v. Capozzoli

No Constructive Trust if Consideration For Transfer of Premises Is Received

Featured Columns

No More Waiting on Legal Immigration

by Angelo A. Paparelli and Ted J. Chiappari

In their Immigration Law column, Angelo A. Paparelli, a partner at Seyfarth Shaw, and Ted J. Chiappari, a partner at Satterlee Stephens Burke & Burke, write: President Barack Obama has professed a new strategy of impatience. In an effort to jumpstart the economy, the approach taps his exclusive authority over federal departments to craft executive orders. But, although he has taken initial positive steps, he can do much more to improve our immigration regulations and agency practices.

Featured Columns

The Advance Payment: Foundations and Trends

by M. Robert Goldstein and Michael Rikon

In their Condemnation and Tax Certiorari column, M. Robert Goldstein and Michael Rikon of Goldstein, Rikon & Rikon write: Despite the clear statutory prohibition against requiring a condemnee to waive any rights it may have as a condition to obtaining an advance payment, the subject still comes up frequently. In a recent trend, we find condemnors wrongfully insisting that condemnees provide waivers or releases from their tenants to obtain the advance payment made to them as owners of the fee.

Real Estate

Members of LLC's: They're Not As Limited as the IRS Would Like

by Ezra Dyckman and Libin Zhang

In their Taxation column, Ezra Dyckman, a partner at Roberts & Holland, and Libin Zhang, an associate of the firm, write that last November the Treasury Department proposed a regulation describing for the first time how members of limited liability companies can materially participate in the LLCs' activities and deduct their share of the LLCs' flow-through tax losses against the members' other income.

Real Estate

Realty Law Digest

by Scott E. Mollen

Scott E. Mollen, a partner at Herrick, Feinstein, analyzes recent rulings, including one where the asthmatic resident of a co-op unit avoided penalties for installing an air conditioner unit in her home without the board's approval.

Outside Counsel

Prosecutorial Discretion in Immigration Trials

by Pankaj Malik

Pankaj Malik, managing partner at Malik & Associates, reminds immigration attorneys that, although not a sure bet, explaining to a prosecutor how a client who poses no security threat satisfies the family situation, military service, education, community ties, age and other guidelines in the Morton Memo will make it easier for him or her to see the merits of dismissing your case.

Real Estate

Marketplace

by Monica Paquette

The Leading Hotels of the World, Ltd. has signed a 15-year lease and will move its headquarters about a mile uptown to 485 Lexington Ave. from 99 Park Ave. Also, a Brooklyn apartment building at 31 Kosciuszko St. was purchased by GAIA Real Estate for $8.6 million.