Skip to main content
· 5/16/2023

Façade Tech., LLC v. CNY Constr. 701 LLC

Citations

  • 2023 NY Slip Op 02613

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the district court was required to consider whether federal or state law designated children’s claims alleging violations of the Genetic Information Nondiscrimination Act as mother’s “own” such that mother could represent children pro se
  • holding “district court acted within its discretion by ruling on the pending motion” after plaintiff had filed an amended complaint
  • explaining that 28 U.S.C. § 1654 “gives a party the right to plead and conduct a case “personally,” but a business entity such as a corporation, which is a “fictional legal person, obviously cannot appear for [itself] personally.”
  • stating that a party “can- not be represented by a nonlawyer”
  • rejecting “an absolute bar on pro se parent representation . . . when the [minor] child’s case is the parent’s ‘own’” (quoting § 1654)
  • remanding for consideration of whether federal or state law designates the minor child’s claims under the Genetic Information Nondiscrimination Act as the parent’s “own,” such that the parent could proceed on the child’s behalf without counsel

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.