Diana M Eng

January 11, 2023 | New York Law Journal

The Act, which amends the Real Property Actions and Proceedings Law, General Obligations Law and Civil Practice Law and Rules, became effective immediately and applies to all actions commenced under CPLR 213(4) and in which a final Judgment of Foreclosure and Sale has not been enforced.

By Diana M. Eng and Andrea M. Roberts

9 minute read

January 06, 2023 | New York Law Journal

The Act arguably violates both Substantive Due Process under the Fourteenth Amendment and the Contracts Clause. Perhaps Governor Hochul did not previously sign the Act into law, despite its passage in May 2022, because of these constitutional issues, as well as other issues that plague the legislation. Needless to say, this is not the end of the story, as the Act will be litigated.

By Diana M. Eng and Andrea M. Roberts

10 minute read

January 03, 2023 | New Jersey Law Journal

In a 5-4 decision authored by Justice Brett Kavanaugh, the Supreme Court unequivocally rejected "the proposition that 'a plaintiff automatically satisfies the injury-in-fact requirement whenever a statute grants a person a statutory right and purports to authorize that person to sue to vindicate that right,'" 141 S. Ct. at 2205 (quoting 'Spokeo', 578 U.S. at 341).

By Diana M. Eng, Andrea M. Roberts and Alina Levi

10 minute read