East Harlem MEC Parcel C, L.P. v Smalls

Holding The Civil Court did not abuse its discretion in denying the landlord’s motion to renew its opposition because the landlord failed to justify the delay and the new evidence would not change the prior determination. The court found that an unsworn letter from the Department of Buildings did not constitute a formal agency opinion or definitive final agency determination entitled to deference.

The court’s words

Civil Court did not abuse its discretion in denying landlord's motion to renew, brought nearly two years after Civil Court's September 2023 order dismissing the nonpayment petition

2026 NY Slip Op 51743[U], at the official text

Landlord failed to offer a reasonable justification for failing to present the purported new information on the prior motion

2026 NY Slip Op 51743[U], at the official text

the new information, an ex parte unsworn letter from the Department of Buildings, dated August 26, 2025, would not change the prior determination

2026 NY Slip Op 51743[U], at the official text

it constitutes neither a formal agency opinion or a definitive final agency determination that is entitled to deference

2026 NY Slip Op 51743[U], at the official text