ESQ HQNEW YORK LAW WATCH

Appellate Term, First Department · October 5, 2026 · 2026 NY Slip Op 51604[U]

Kanter’s Realty Assoc., LLC v Milgram

Read the official decision: 2026 NY Slip Op 51604[U]

Holding 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.

The court’s words

triable issues of fact are raised with respect to respondents' illusory tenancy defense

2026 NY Slip Op 51604[U], at the official text

whether the nonparty tenant (Sonderholm) engaged in unlawful rent profiteering

2026 NY Slip Op 51604[U], at the official text

whether petitioner had actual or constructive knowledge of the subleasing arrangement

2026 NY Slip Op 51604[U], at the official text

we deem it appropriate to extend the time period applicable to the production of the remaining documents

2026 NY Slip Op 51604[U], at the official text
CourtAppellate Term, First Department
DecidedOctober 5, 2026
Citation2026 NY Slip Op 51604[U]
Area of lawLandlord and Tenant and Housing
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 51604[U]
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id933

Recommended citation

ESQ HQ, New York Law Watch, Kanter’s Realty Assoc., LLC v Milgram, 2026 NY Slip Op 51604[U] (Appellate Term, First Department, October 5, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51604-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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Published October 5, 2026. Updated October 5, 2026.