Case Type
Non-payment
Housing Type
Not Stated
Court
Appellate Term, First Department
County
New York County (Manhattan)
Slip Opinion Number
2026 NY Slip Op 51743(U)
Petitioner
East Harlem MEC Parcel C, L.P.
Respondent
Reggie Smalls, John Doe, Jane Doe
Judge
Tisch, J.P.; Perez, J.; Alpert, J.; Ortiz, Frances A. (Hous Ct, lower court)
Decision/Order Date
2026-10-20
Posture
Post-Judgment Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
App Term 1st affirms (Ortiz, J.) denial of landlord's motion to renew filed nearly two years after the original dismissal order. Landlord offered no reasonable justification for failing to present the new evidence in the original motion. Additionally, the new evidence — an ex parte unsworn DOB letter — does not constitute a formal agency opinion or definitive final agency determination entitled to deference, so it would not have changed the outcome.
Keywords
Motion To Renew Denied; No Justification For Not Presenting Purported New Information In Prior Motion; New Information Would Not Change Prior Determination; Unsworn Ex Parte Letter From Agency Does Not Constitute Formal Agency Opinion Or Definitive Final Agency Determination
Recommended Citation
"East Harlem MEC Parcel C, L.P. v. Smalls" (2026). All Decisions. 2505.
https://ir.lawnet.fordham.edu/housing_court_all/2505
