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· 2/18/2016

The People v. Marcus D. Hogan

Citations

  • 26 N.Y.3d 779
  • 48 N.E.3d 58
  • 28 N.Y.S.3d 1

How courts have described this case

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

  • noting that the “existence of an affirmative defense will not support a motion to dismiss” unless the defense “appears on the face of the complaint”
  • stating that the “direct threat” exception contained in § 3604(f)(9) is an affirmative defense
  • assuming that a mother’s request for accommodation was reasonable when she sought an exception to an apartment complex’s lease- nonrenewal policy while making arrangements for her disabled son to be placed in offsite care
  • permitting a parent to bring a disability discrimination claim under the FHA on behalf of her adult child
  • explaining that, for purposes of the Fair Housing Act, a plaintiff can be said to have made a request for accommodation when the defendant has “enough information to know of both the disability and desire for an accommodation” (citation omitted) (emphasis added)
  • stating we “consider issues of mootness sua sponte and . . . dismiss any appeal that no longer presents a viable case or controversy” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Stein, Pigott, Abdus-Salaam, Fahey, Rivera, Difiore, Garcia

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.