Case Type
Non-payment
Housing Type
Other
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
570303/26
Slip Opinion Number
2026 NY Slip Op 50530(U)
Petitioner
Pejudo Realty Corporation
Respondent
Danny Bryk, Megan Ann Shields
Judge
Brigantti, J.P., Tisch, J., Alpert, J.
Decision/Order Date
2026-04-15
Posture
Post-answer Motion by Landlord
Disposition
Motion Granted for Landlord
Winner
Landlord Substantially Won
Synopsis
The Appellate Term reversed the Civil Court's sua sponte dismissal of the landlord's nonpayment petition, reinstating it and remanding for further proceedings. The lower court had dismissed the petition due to alleged defects, even though tenants failed to appear and landlord was not given notice or an opportunity to be heard. The Appellate Term held that sua sponte dismissal, while not appealable as of right, is an extraordinary remedy only justified in rare circumstances. No such circumstances existed here, as tenants had not sought dismissal, and the landlord was denied due process. The Court did not rule on the merits.
Keywords
Sua Sponte Dismissal of Nonpay Reversed; Only Available in Extraordinary Circumstances; Petition Reinstated
Recommended Citation
"Pejudo Realty Corp. v. Bryk" (2026). All Decisions. 2183.
https://ir.lawnet.fordham.edu/housing_court_all/2183
