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
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 5, 2026 |
| Citation | 2026 NY Slip Op 51604[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51604[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 | 933 |
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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