Appellate Term, First Department · September 28, 2026 · 2026 NY Slip Op 51562[U]
472-476 Columbus Ave., LLC v Kretzu
Read the official decision: 2026 NY Slip Op 51562[U]
Holding 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.
The court’s words
The determination to substitute or join a party pursuant to CPLR 1018 is within the discretion of the trial court
2026 NY Slip Op 51562[U], at the official text
the Court providently exercised its discretion in denying respondents' motion to substitute Checo 476 Columbus LLC as petitioner-landlord
2026 NY Slip Op 51562[U], at the official text
CPLR 1018 and Real Property Law (RPL) § 223 permits the continuation of the proceeding against the original landlord without the need for substitution
2026 NY Slip Op 51562[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | September 28, 2026 |
| Citation | 2026 NY Slip Op 51562[U] |
| Area of law | Real Property |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51562[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 | 809 |
Recommended citation
ESQ HQ, New York Law Watch, 472-476 Columbus Ave., LLC v Kretzu, 2026 NY Slip Op 51562[U] (Appellate Term, First Department, September 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51562-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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