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
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 51716[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51716[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 | 1301 |
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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