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

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