Appellate Term, First Department · September 24, 2026 · 2026 NY Slip Op 51534[U]
85 East End Owner, LLC v Samantha Ferraro
Read the official decision: 2026 NY Slip Op 51534[U]
Holding 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.
The court’s words
tenant should have been afforded an opportunity to cure pursuant to Real Property Actions and Proceedings Law (RPAPL) § 753 (4)
2026 NY Slip Op 51534[U], at the official text
RPAPL § 753 (4) is a remedial statute that must be construed liberally so as to extend its "beneficial effects as widely as possible"
2026 NY Slip Op 51534[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | September 24, 2026 |
| Citation | 2026 NY Slip Op 51534[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51534[U] |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 285 |
Recommended citation
ESQ HQ, New York Law Watch, 85 East End Owner, LLC v Samantha Ferraro, 2026 NY Slip Op 51534[U] (Appellate Term, First Department, September 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51534-u/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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