Case Type
Non-payment
Housing Type
Co-op
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
571615/25
Slip Opinion Number
2026 NY Slip Op 50167(U)
Petitioner
965 Fifth Avenue Owners, Inc.
Respondent
Marianne Nestor
Judge
James; Brigantti; Alpert
Decision/Order Date
2026-02-18
Posture
Post-judgment Motion by Tenant
Disposition
Other
Winner
Landlord Substantially Won
Synopsis
The Appellate Term affirmed the Civil Court's denial of the tenant's motion to vacate a default final judgment, which had awarded the landlord possession and over $800,000 for nonpayment of cooperative apartment maintenance arrears. The tenant failed to demonstrate a meritorious defense, as the warranty of habitability defense was unavailable to a non-resident. Other claims regarding alteration applications or plumbing fixture removal were found unavailing. The court determined the lower court's denial of the motion was a provident exercise of discretion, thus upholding the default judgment.
Keywords
Motion To Vacate Default Judgment Denied; Failure To Assert Meritorious Defense; Nonpayment For Coop Maintenance Fees; Warranty Of Habitability Cannot Be Raised By Person Who Does Not Reside In Premises
Recommended Citation
"965 Fifth Ave. Owners, Inc. v. Nestor" (2026). All Decisions. 2153.
https://ir.lawnet.fordham.edu/housing_court_all/2153
