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Appellate Term, First Department · October 27, 2026 · 2026 NY Slip Op 51798[U]

227-231 E 59th Partners LLC v Leoni

Read the official decision: 2026 NY Slip Op 51798[U]

Holding The court reversed the lower court’s denial of a motion to renew, granting the motion to set the matter down for a traverse hearing to determine if the tenant was properly served. The court also held that the waiver provision in CPLR 3211(e) does not apply in summary proceedings under RPAPL 711.

The court’s words

respondent offered a reasonable justification for failing to timely submit this new evidence

2026 NY Slip Op 51798[U], at the official text

the waiver provision contained in CPLR 3211 (e) does not apply in a summary proceeding

2026 NY Slip Op 51798[U], at the official text
CourtAppellate Term, First Department
DecidedOctober 27, 2026
Citation2026 NY Slip Op 51798[U]
Area of lawLandlord and Tenant and Housing
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 51798[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 id1550

Recommended citation

ESQ HQ, New York Law Watch, 227-231 E 59th Partners LLC v Leoni, 2026 NY Slip Op 51798[U] (Appellate Term, First Department, October 27, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51798-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 27, 2026. Updated October 27, 2026.