Appellate Term, First Department · September 28, 2026 · 2026 NY Slip Op 51564[U]
Mi-Kyeong Oh v 342 W. 71 St. LLC
Read the official decision: 2026 NY Slip Op 51564[U]
Holding 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.
The court’s words
there was no rational basis by which the trier of fact could have found in her favor on her claim for harassment
2026 NY Slip Op 51564[U], at the official text
Petitioner offered no witnesses, produced no documentation and her own testimony failed to allege any specific incident of harassment
2026 NY Slip Op 51564[U], at the official text
the court properly excluded petitioner's lone piece of evidence on the ground that she failed to lay a proper foundation
2026 NY Slip Op 51564[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | September 28, 2026 |
| Citation | 2026 NY Slip Op 51564[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51564[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 | 813 |
Recommended citation
ESQ HQ, New York Law Watch, Mi-Kyeong Oh v 342 W. 71 St. LLC, 2026 NY Slip Op 51564[U] (Appellate Term, First Department, September 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51564-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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