Melendez v. City of New York
| Docket Number | 20-4238 |
| Decision Date | 28 October 2021 |
In May 2020, at the height of the pandemic, New York City amended its Residential and Non-Residential Harassment Laws, to prohibit “threatening” tenants based on their “status as a person or business impacted by COVID-19, or . . . receipt of a rent concession or forbearance for any rent owed during the COVID-19 period,” and added the “Guaranty Law,” which renders permanently unenforceable personal liability guarantees of commercial lease obligations for businesses that were required to cease...
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97 cases
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Heights Apartments, LLC v. Walz
... ... 2019) (probation company brought suit against two judges, the county, and the city pursuant to § 1983 for violations of the Contract Clause (U.S. Const. art. 1, § 10), the Takings ... v. Spannaus , 438 U.S. 234, 240, 98 S.Ct. 2716, 57 L.Ed.2d 727 (1978). See Melendez v. N.Y.C. , 16 F.4th 992, 1016–20 (2d Cir. 2021) (reviewing the jurisprudential evolution of the ... ...
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U.S. Bank v. Speller
... 2023 NY Slip Op 51153(U) U.S. Bank National Association, etc., Plaintiff, v. Michael M. Speller, Ellen ... Co., ... supra, 18 N.Y.3d at 770-771 (boldface italics added) ... See also, Kassner v. City of New York, 46 N.Y.2d ... 544, 550 (1979) (City had no obligation to pay, and plaintiff ... Farrington v. Tennessee, 95 U.S. 679. 683 (1877) ... In ... Melendez v. City of New York, 16 F.4th 992 (2d Cir ... 2021), the Second Circuit traced the history of ... ...
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Everest Foods Inc. v. Cuomo
... ... Trizano, The Yitzhak Law Group, Great Neck, NY, Michele Marie Bowman, Zukerman Gore Brandeis & Crossman, LLP, New York, NY, for Plaintiffs ... Cuomo. Jerald Horowitz, Rachel Kane Moston, New York City Law Department, New York, NY, for Defendant Bill de Blasio. ORDER AND OPINION GRANTING MOTIONS TO ... 445 expectations, and prevents the party from safeguarding or reinstating his rights." Melendez v. City of New York , 16 F.4th 992, 1033 (2d Cir. 2021) (quoting Sveen v. Melin , ––– U.S ... ...
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Gallo v. Dist. of Columbia
... ... Supp. 3d 199, 244 (D. Conn. 2020) (same, for Connecticut's state moratorium); HAPCO v. City of Philadelphia , 482 F. Supp. 3d 337, 352 (E.D. Pa. 2020) (same, for Philadelphia's city ... New Orleans , 102 U.S. 203, 207, 26 L.Ed. 132 (1880), for the proposition that "[a]ny authorization of the postponement of payment ... is in conflict with the constitutional ... 1042, 41 L.Ed. 93 (1896), is unavailing. See Pl.’s Opp'n at 3. • Gallo cites Melendez v. New York City , 16 F.4th 992 (2d Cir. 2021), claiming it "found that a challenge to a COVID ... ...
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7 firm's commentaries
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Federal Court: New York City COVID-19 Guaranty Law Unconstitutional
...Judge Abrams found that the Guaranty Law passed muster under the Contracts Clause and dismissed Plaintiffs' complaint. Melendez Appeal, 16 F.4th 992 (2d Cir. 2021) Plaintiffs appealed the dismissal of their Contracts Clause challenge to the U.S. Court of Appeals for the Second Circuit. Usin......
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New Cert Petition: To Assert A Contracts Clause Claim, Must You Predict Futurelaw?
...later this week. Petition for Writ of Certiorari, City of El Paso v. Simmons, 379 U.S. 497, 514-15 (1965); Melendez v. City of New York, 16 F.4th 992, 1033-34 (2d Cir. 2021); Heights Apartments, LLC v. Walz, 30 F.4th 720, 728-30 (8th Cir. 2022). The question presented is: Whether a party is......
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New Cert Petition: To Assert A Contracts Clause Claim, Must You Predict Futurelaw?
...So No Taking For Police Response To Area Crime SurgeCity of El Paso v. Simmons, 379 U.S. 497, 514-15 (1965); Melendez v. City of New York, 16 F.4th 992, 1033-34 (2d Cir. 2021); Heights Apartments, LLC v. Walz, 30 F.4th 720, 728-30 (8th Cir. 2022). The question presented is: Whether a party ......
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The Ongoing Effects Of COVID-19 In Landlord-Tenant Law
...v. 560 Seventh Ave. LLC, Index No. 654466/20 NYSCEF 48, at 39 (N.Y. Sup. Ct. Sept. 29, 2021) 9. See e.g., Melendez v. City of New York, 16 F.4th 992 (2d Cir. 2021); 721 Borrower LLC v. Moha, 164 N.Y.S.3d 817 (1st Dep't 10. Melendez, 16 F.4th at 1001. 11. U.S. Const. art. I, ' 10, cl. 1. The......
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