Appellate Term, First Department · October 21, 2026 · 2026 NY Slip Op 51760[U]
Fifth Ave. 25G, LLC v Sambar
Read the official decision: 2026 NY Slip Op 51760[U]
Holding The court reversed the final judgments and remanded the matter for a traverse hearing because the tenant’s sworn nonconclusory denial of service created a factual issue regarding proper service. The court held that the tenant did not waive the personal jurisdiction defense by moving for summary judgment on the merits.
The court’s words
tenant's sworn nonconclusory denial of service was sufficient to dispute the veracity or content of the affidavit, requiring a traverse hearing
2026 NY Slip Op 51760[U], at the official text
did not waive this defense by moving for summary judgment dismissing the complaint on the merits, given that [tenant] had previously raised the jurisdictional defense
2026 NY Slip Op 51760[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 21, 2026 |
| Citation | 2026 NY Slip Op 51760[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending October 24, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51760[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 | 1442 |
Recommended citation
ESQ HQ, New York Law Watch, Fifth Ave. 25G, LLC v Sambar, 2026 NY Slip Op 51760[U] (Appellate Term, First Department, October 21, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51760-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.
Read how Law Watch works