Case Type

Small Claims

Housing Type

Not Stated

Court

Supreme Court, Appellate Term, First Department

County

Bronx County (Bronx)

Slip Opinion Number

2026 NY Slip Op 51529(U)

Petitioner

Ronald Z. Snyder

Respondent

Sivic Realty Corp.

Judge

James, J.P.; Brigantti, J.; Alpert, J.; Escaño-Bell, Diomarys (lower court)

Decision/Order Date

2026-09-24

Posture

Post-Judgment Motion by Tenant

Disposition

Other

Winner

Tenant Substantially Won

Synopsis

Tenant missed trial in this small claims warranty of habitability action and Civil Court denied his motion to vacate the resulting default. App Term reverses. The court finds that the missed appearance was an isolated incident for which tenant offered an adequate excuse, and that tenant's underlying claim for habitability damages has sufficient merit to warrant reinstatement. The action is remanded for further proceedings.

Keywords

Small Claims; Action Reinstated After Dismissal for Claimant's Failure to Appear at Trial; Claimant Provided Reasonable Excuse for Default and Has Meritorious Claim for Breach of Warranty of Habitability

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