Case Type
Holdover-Lease Expiration
Housing Type
Condominium
Court
Appellate Term, First Department
County
New York County (Manhattan)
Slip Opinion Number
2026 NY Slip Op 51760(U)
Petitioner
Fifth Avenue 25G, LLC
Respondent
Habib Sambar, John Doe, Jane Doe
Judge
Tisch, J.P.; Perez, J.; Alpert, J.; Chinea, Daniele (Hous Ct, lower court)
Decision/Order Date
2026-10-21
Posture
Post-Answer Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
App Term 1st reverses (Chinea, J.), holding that respondent did not waive his personal jurisdiction defense by moving for summary judgment on the merits, because he had previously raised that defense (citing Gliklad v Cherney). Respondent's nonconclusory denial of the process server's claims necessitates a traverse hearing; matter remanded accordingly.
Keywords
Motion For Summary Judgment On The Merits Does Not Waive Personal Jurisdiction Defense Which Has Already Been Raised
Recommended Citation
"Fifth Ave. 25G, LLC v. Sambar" (2026). All Decisions. 2506.
https://ir.lawnet.fordham.edu/housing_court_all/2506
