New York Law Watch
Appellate Term, First Department: decisions in 2026
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, decisions in 2026, 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.
Week ending October 31, 2026
Browse the week ending October 31, 2026
- 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.
Week ending October 24, 2026
Browse the week ending October 24, 2026
- 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.
- 525 W. 52 Prop. Owner v Tsokanos2026 NY Slip Op 51745[U]
The Appellate Term affirmed the final judgments awarding possession and damages, finding that the tenant’s challenge to the trial date acceleration was unavailing due to his prior acquiescence. The court further held that the trial court did not abuse its discretion in denying an adjournment request based on the tenant’s travel plans.
- Caban v Oscar’s Gold & Diamonds2026 NY Slip Op 51744[U]
The court affirmed the trial court’s decision to limit plaintiffs’ recovery to $550.00 because they failed to provide competent evidence that the converted jewelry was worth more. Additionally, the court ruled that plaintiffs were not entitled to damages based on the sentimental value of the items.
- East Harlem MEC Parcel C, L.P. v Smalls2026 NY Slip Op 51743[U]
The Civil Court did not abuse its discretion in denying the landlord’s motion to renew its opposition because the landlord failed to justify the delay and the new evidence would not change the prior determination. The court found that an unsworn letter from the Department of Buildings did not constitute a formal agency opinion or definitive final agency determination entitled to deference.
Week ending October 17, 2026
Browse the week ending October 17, 2026
- SM I MMS, LLC v Fearless Music TV, LLC2026 NY Slip Op 51716[U]
The court reversed the denial of a motion to vacate a default final judgment of possession, finding that the respondent’s documented cardiac emergency constituted a reasonable excuse for the default. Additionally, the respondent demonstrated potentially meritorious defenses regarding whether the governing agreement was a lease or a license and the validity of the non-renewal notice.
- 65 FW Owner LLC v Espinal2026 NY Slip Op 51715[U]
The court reversed the lower court’s denial of summary judgment and dismissed the nonpayment proceeding because the summary judgment record conclusively established a violation of the building’s certificate of occupancy. Under Multiple Dwelling Law § 302 (1) (b), the landlord is barred from recovering rent for the period of noncompliance with the certificate of occupancy.
- Zigelstein v Shuping Tong2026 NY Slip Op 51714[U]
The court affirmed the dismissal of the trespass claim because the plaintiff failed to provide objective proof of property boundaries to establish a prima facie case. Additionally, the harassment claim was dismissed because New York law does not recognize a civil cause of action for harassment.
- Obah v Google Roblox & Roblox2026 NY Slip Op 51713[U]
The court reversed the dismissal of the complaint, reinstating the matter for a traverse hearing because the defendant’s sworn, nonconclusory denial of service raised a factual issue. Additionally, the court held that an endorsed complaint failing to adequately apprise the defendant of the action’s nature should not be dismissed outright, but rather the plaintiff should be directed to file a formal pleading.
Week ending October 10, 2026
Browse the week ending October 10, 2026
- 448-452 W. 57 Assoc. LLC v Sposaro2026 NY Slip Op 51632[U]
The Appellate Term reversed the dismissal of a lease-expiration holdover petition, holding that a landlord’s failure to register a tenant with the DHCR does not legally prevent the deregulation of an apartment due to a high rent vacancy. The court determined that rent regulation coverage is a statutory right that cannot be created by waiver or estoppel, and remanded for a new trial to determine if the deregulation was legal and legitimate.
- People v Adams2026 NY Slip Op 51631[U]
The court held that while the defendant’s identity and DMV records are not suppressible fruits of an illegal seizure, the lower court failed to address the legality of the vehicle stop or the suppression of incriminating post-stop observations. Consequently, the appeal was held in abeyance and the matter remitted to Criminal Court for a suppression hearing.
- Kanter’s Realty Assoc., LLC v Milgram2026 NY Slip Op 51604[U]
The court affirmed the denial of the landlord’s motion for summary judgment, finding that triable issues of fact existed regarding the tenants’ illusory tenancy defense. The court modified the lower court’s order to extend the discovery period for document production to cover the extended period of alleged residence.
Week ending October 3, 2026
Browse the week ending October 3, 2026
- Park-Lex Associates, Petitioner-Landlord-Cross-Appellant, v Fern M. Schad, Respondent-Tenant-Appellant, and Katherine Schad and Mark Mann, Respondents-Undertenants-Appellants.2026 NY Slip Op 51568[U]
Summary judgment of possession was unwarranted because triable issues of fact existed regarding the family member succession defense, specifically concerning the permanent vacatur date and residency requirements. The court held that the current Rent Stabilization Code provision defining permanent vacatur is remedial and must be liberally construed to apply to the pending proceeding.
- Estrada v Tower 31 LLC2026 NY Slip Op 51567[U]
The court affirmed the permission to discontinue the proceeding without prejudice but modified the final judgment to limit the award of attorneys’ fees to those incurred in connection with the motion to discontinue. The court found that ordering payment of fees from the inception of the proceeding was improvident because respondents caused much of the delay in the matter.
- Medical Imaging of Bronx, P.C., Inc. v MVAIC2026 NY Slip Op 26160
The court reversed the lower court’s judgment, directing dismissal of the complaint because the plaintiff failed to establish a reasonable justification for the delay in submitting no-fault claims to MVAIC. The Appellate Term held that the lower court lacked authority to disregard strict filing time frames based on public policy considerations.
- People v Kasner2026 NY Slip Op 26159
The Appellate Term affirmed the denial of the defendant’s speedy trial motion, finding that the People exercised due diligence in fulfilling their discovery obligations despite missing some items. The court held that the statute does not require a perfect prosecutor and that the missing materials were duplicative, reducing prejudice to the defense.
- Carpet Diem 17 Corp v To2026 NY Slip Op 51566[U]
The Appellate Term reversed a small claims judgment because the trial court failed to ascertain as a threshold matter whether the contractor possessed the requisite license. Since the plaintiff admitted to being unlicensed, the home improvement contract was unenforceable under substantive law.
- Hayes v Muddy Paws Rescue2026 NY Slip Op 51565[U]
The court affirmed the dismissal of the plaintiff’s replevin claim because a prior written agreement transferred ownership of the dog to Animal Care Centers of NYC, leaving the plaintiff without an ownership interest. Additionally, the cross-motion for sanctions was properly denied because the defendants’ conduct was not frivolous.
- Mi-Kyeong Oh v 342 W. 71 St. LLC2026 NY Slip Op 51564[U]
The Appellate Term affirmed the dismissal of a harassment proceeding because the petitioner failed to present sufficient evidence to support her claim. The court found that the petitioner offered no witnesses or documentation and failed to lay a proper foundation for the audio recording she attempted to introduce.
- 472-476 Columbus Ave., LLC v Kretzu2026 NY Slip Op 51562[U]
The court affirmed the denial of a motion to substitute a new landlord in a holdover proceeding, finding that the trial court properly exercised its discretion. The proceeding could continue against the original landlord because the merits were already resolved and the judgment is binding on the new owners.
- Meimaris v Chase2026 NY Slip Op 51561[U]
The Appellate Term affirmed the dismissal of the complaint, finding that the plaintiff failed to prove the defendant knew or should have known of her dog’s vicious propensities. Additionally, the court determined the plaintiff did not establish that the defendant failed to exercise due care, noting the plaintiff’s dog was the aggressor.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- 85 East End Owner, LLC v Samantha Ferraro2026 NY Slip Op 51534[U]
The court affirmed the denial of the tenant’s motion to vacate the default judgment but modified the order to include a 30-day cure period. The court held that RPAPL § 753 (4) applies to holdover proceedings based on a failure to sign a renewal lease and must be construed liberally to extend its beneficial effects.
- Oparaji v Turkish Airlines, Inc.2026 NY Slip Op 51533[U]
The appeal was dismissed without costs because the plaintiff failed to perfect the appeal by submitting a sufficient appendix. The court found the appendix patently insufficient as it omitted the papers underlying the motion, including the defendant’s opposition and a prior order.
- Springer v Aminov Jewelers2026 NY Slip Op 51532[U]
The Appellate Term affirmed the Small Claims judgment awarding the plaintiff $8,000, finding that the evidence supported the conclusion that the defendant sold the plaintiff a stolen Rolex watch. The court applied the standard that substantial justice was done, as the seized watch was rationally determined to be the same one sold by the defendant.
- Lopez v Metro By T-Mobile2026 NY Slip Op 51531[U]
The Appellate Term affirmed the Small Claims judgment because the inquest court applied appropriate substantive law and accomplished substantial justice. The court found no record support for further recovery since the plaintiff was already awarded the full amount of damages sought.
- RVA Leasing Corp. v Nationwide Mut. Ins. Co.2026 NY Slip Op 51527[U]
The court reversed the lower court’s denial of summary judgment, granting the insurer’s motion to dismiss the complaint for first-party no-fault benefits. The insurer established that it timely mailed examination under oath notices and provided specific objective justification for the examinations, while the plaintiff failed to raise any issue of fact regarding their failure to appear.
- Port Authority of New York and New Jersey v Hollister Fleming2026 NY Slip Op 51525[U]
The appeal was dismissed because the plaintiff was not aggrieved by the order granting a new trial, which vacated the prior dismissal. Additionally, the appeal from the original judgment was dismissed as academic because it had been superseded by the subsequent order.
- People v Rodriguez2026 NY Slip Op 51524[U]
The court affirmed the conviction because the defendant’s claim regarding the repleader agreement was unpreserved and declined to review it in the interests of justice. Alternatively, the court rejected the claim on the merits because the defendant failed to comply with the conditions of the agreement despite multiple opportunities.
- People v Brown2026 NY Slip Op 51522[U]
The court affirmed the conviction for forcible touching, finding the evidence legally sufficient and not against the weight of the evidence. The jury was justified in inferring the defendant’s intent to degrade or abuse the victim based on his non-consensual physical contact.
Week ending September 12, 2026
Browse the week ending September 12, 2026
- 361 East 50th Street LLC v Maureen Lupo2026 NY Slip Op 51411[U]
The court affirmed the denial of the tenant’s motion to vacate a stipulation of settlement, finding no abuse of discretion as the tenant failed to show fraud, unconscionability, or inequity. The tenant’s claim that the apartment was rent-stabilized was insufficient to warrant vacatur because she did not challenge the landlord’s evidence of a high-rent vacancy exemption.
Also decided
- People v Santos 2026 NY Slip Op 51712[U] October 15, 2026
- 853 Macy Place Owners Corp. v Christophe 2026 NY Slip Op 51563[U] September 28, 2026
- Burns-Tetteh v Goldfarb Props.-Pelican Mgt., Inc. 2026 NY Slip Op 51530[U] September 24, 2026
- Snyder v Sivic Realty Corp. 2026 NY Slip Op 51529[U] September 24, 2026
- RVA Leasing Corp. v Nationwide Mut. Ins. Co. 2026 NY Slip Op 51528[U] September 22, 2026
- Port Auth. of N.Y. & N.J. v Lois 2026 NY Slip Op 51526[U] September 22, 2026
- People v McCummings 2026 NY Slip Op 51523[U] September 22, 2026
- PEOPLE v TORRES 89 Misc 3d 1 April 30, 2026