Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
Holding that the plaintiffs sufficiently pled a breach of the implied covenant of good faith and fair dealing by alleging that the defendant, which contracted to convert its building into a cooperative, rejected bona fide purchase offers from prospective tenants
539 U.S. 607 (2003) Cited 463 times 3 Legal Analyses
Holding that an ex post facto violation occurs when Congress enacts a new statute of limitations after the expiration of a previously applicable one in order to revive a formerly time-barred prosecution, but that nothing "prevent the State from extending time limits for . . . prosecutions not yet time barred"
2010 N.Y. Slip Op. 7379 (N.Y. 2010) Cited 244 times
Vacating DHCR's denial of overcharge petition and remanding to consider fraud allegations and the reliability of the base date rent where the landlord had significantly increased the rent, offered leases without a rent stabilization rider, required tenants to make improvements at their own expense or pay increased rent, and failed to register the apartment for several years until after service of the complaint
Finding that the doctrine of res judicata "holds that, as to the parties in a litigation and those in privity with them, a judgment on the merits by a court of competent jurisdiction is conclusive of the issues of facts and questions of law necessarily decided therein in any subsequent action."
Finding that tenants alleging rent overcharge may evaluate documents exceeding four-year statute of limitations implemented by RSC § 26-516 to prevent landlord's fraud