Two Chief Judges Take Different Positions in Eviction and Foreclosure Lawsuits in New York

Chief Judge Lawrence Marks is opposing landlords eviction request and meantime Chief Judge Janet DiFiore is expediting wrongful foreclosures.

Blocking NY Eviction Law Would Be Overreach, Court Hears

MAY 21, 2021 | REPUBLISHED BY LIT: MAY 24, 2021

A top New York judge is among a group of defendants who pushed back Friday against landlords seeking to overturn statewide pandemic-related eviction protections, saying that the plaintiffs are inappropriately asking a federal court to interfere in state court matters.

Chief Administrative Judge Lawrence Marks (LIT Comment: the same court as DiFiore) and officials tasked with executing evictions in various counties argued that the landlords’ claims that an anti-eviction law is unconstitutional must be dismissed.

The Rent Stabilization Association and a group of small landlords are asking the court to violate abstention principles, the defendants said.

Siding with the plaintiffs would “embroil the federal courts in the state courts’ day-to-day management … and dictate the state-law procedures that state courts must follow,” Marks and his co-defendants warned.

This would violate the “core point” of the 1974 U.S. Supreme Court decision in O’Shea v. Littleton, they continued. Namely, that “the state, rather than the federal courts, should determine state-court procedures.”

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Two Chief Judges Take Different Positions in Eviction and Foreclosure Lawsuits in New York
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