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Appellate Term, First Department · October 15, 2026 · 2026 NY Slip Op 51716[U]

SM I MMS, LLC v Fearless Music TV, LLC

Read the official decision: 2026 NY Slip Op 51716[U]

Holding The court reversed the denial of a motion to vacate a default final judgment of possession, finding that the respondent’s documented cardiac emergency constituted a reasonable excuse for the default. Additionally, the respondent demonstrated potentially meritorious defenses regarding whether the governing agreement was a lease or a license and the validity of the non-renewal notice.

The court’s words

documented cardiac emergency of respondent's principal, corroborated by hospital records that were sent to the court and opposing counsel before the inquest, established a reasonable excuse for the default

2026 NY Slip Op 51716[U], at the official text

Respondent also demonstrated the existence of potentially meritorious defenses to this licensee holdover proceeding, including whether the governing agreement constitutes a lease, rather than a license agreement

2026 NY Slip Op 51716[U], at the official text
CourtAppellate Term, First Department
DecidedOctober 15, 2026
Citation2026 NY Slip Op 51716[U]
Area of lawLandlord and Tenant and Housing
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 51716[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 id1301

Recommended citation

ESQ HQ, New York Law Watch, SM I MMS, LLC v Fearless Music TV, LLC, 2026 NY Slip Op 51716[U] (Appellate Term, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51716-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 15, 2026. Updated October 15, 2026.