New York Law Watch
Appellate Term, First Department
The Appellate Terms hear appeals from the Civil Court, Criminal Court and the District, City and Justice Courts within their departments. Landlord and tenant, small claims and no-fault insurance decisions are the bulk of what they publish.
For Appellate Term, First Department, Law Watch lists 36 indexable decisions dated September 10, 2026 to October 27, 2026 across 7 decision weeks.
44 decision records: 36 meet the substance floor; 8 records are held from search listings.
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Recent decisions
- Ormonde Equities, LLC v Workplayce 2030 Broadway, LLC2026 NY Slip Op 51799[U]
The court affirmed summary judgment in favor of the landlord, holding that the commercial tenant’s obligation to pay rent is an independent covenant that cannot be relieved by allegations of landlord breach absent an express provision. The landlord’s written demand satisfied statutory requirements, and the increased amount sought in the petition was not improper.
- 227-231 E 59th Partners LLC v Leoni2026 NY Slip Op 51798[U]
The court reversed the lower court’s denial of a motion to renew, granting the motion to set the matter down for a traverse hearing to determine if the tenant was properly served. The court also held that the waiver provision in CPLR 3211(e) does not apply in summary proceedings under RPAPL 711.
- 207-209 W. 107th St., LLC v De La Cruz2026 NY Slip Op 26192
The Appellate Term affirmed the award of attorneys’ fees to tenants who prevailed on a succession defense, rejecting the argument that the Housing Stability and Tenant Protection Act of 2019 barred such counterclaims. The court held that RPAPL § 702 (1) limits what constitutes rent in a summary proceeding but does not eliminate the statutory right to counterclaim for attorneys’ fees under RPL § 234.
- Fifth Ave. 25G, LLC v Sambar2026 NY Slip Op 51760[U]
The court reversed the final judgments and remanded the matter for a traverse hearing because the tenant’s sworn nonconclusory denial of service created a factual issue regarding proper service. The court held that the tenant did not waive the personal jurisdiction defense by moving for summary judgment on the merits.
- Toyota Motor Credit Corp. v Linen2026 NY Slip Op 51759[U]
The appeal is dismissed as nonappealable because the order granting class certification was entered on default after the plaintiff failed to file opposition papers. The court held that the proper remedy was to move to vacate the default, not to seek reargument or appeal the underlying order directly.
- Decker Assoc., LLC v Deutsch2026 NY Slip Op 51758[U]
The court affirmed the judgment of possession, holding that the statute of limitations did not begin to run until the Loft Board issued its final rent order in September 2024. The court also rejected the tenant’s laches defense because the delay in seeking rent increases was caused by the Loft Board rather than the landlord.
- Lafayette Nelson Apts., LLC v Perez2026 NY Slip Op 51747[U]
The Appellate Term affirmed the lower court’s judgment granting the landlord possession and rent arrears, finding that the tenant’s warranty of habitability defense failed because he did not make the apartment available for repairs. The court also noted that the tenant’s harassment counterclaim was abandoned and would be without merit regardless.
- 3890-98 Broadway Assoc. LLC v Hiraldo2026 NY Slip Op 51746[U]
The court affirmed the denial of the respondent’s motion to vacate a default judgment, finding that the process server’s affidavit established proper service and the respondent’s conclusory denial was insufficient to rebut the presumption. Additionally, the respondent failed to demonstrate a meritorious defense to the holdover proceeding after failing to vacate a temporary apartment following the repair of her original unit.