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    Welcome to CasePrepPlus An advance sheet service summarizing recent and significant New York appellate cases
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    Featured Case

    Nuisance Law Could Lead to Eviction for Reporting Crimes to the Police; The Reach of the Law Violated Tenants' First Amendment Rights and Was Therefore Unenforceable Against the Landlord

    The Third Department, in a full-fledged opinion by Justice Garry, determined a village nuisance law was facially unconstitutional and could not be enforced against the owner of several properties which rented out single rooms. Apparently, criminal activity, including domestic abuse, at these properties was a concern for the village. The local village nuisance law assigned points for certain conditions or incidents at the properties. Points were assessed even when police were called to the properties by crime victims. Once a certain number of points are accumulated, the village can take certain enumerated actions against the property owner, including ordering the eviction of tenants. The reach of the nuisance statute therefore encroached on the tenant's first amendment right to report crimes to the police (to petition the government for redress of grievances). Board of Trustees of The Vil. of Groton v. Pirro, 2017 N.Y. Slip Op. 04938, 3rd Dept 6-5-17

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  • About CasePrepPlus

    New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

    Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.