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
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 27, 2026 |
| Citation | 2026 NY Slip Op 51798[U] |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51798[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 | 1550 |
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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