Case Type
Holdover-Lease Expiration
Housing Type
Not Stated
Court
Supreme Court, Appellate Term, First Department
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-308184-25/NY
Slip Opinion Number
2026 NY Slip Op 51534(U)
Petitioner
85 East End Owner, LLC
Respondent
Samantha Ferraro; Adam Ferraro
Judge
James, J.P.; Brigantti, J.; Alpert, J.
Decision/Order Date
2026-09-24
Posture
Post-Judgment Motion by Landlord
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
App Term partially modifies a Housing Court default judgment in this GCEL holdover for failure to sign a renewal lease. The lower court denied tenant's motion to vacate the default — tenant offered no explanation for missing the inquest — and App Term agrees on that point. But App Term adds a 30-day cure period under RPAPL § 753(4), holding that the statute, a remedial provision construed liberally to extend its "beneficial effects as widely as possible," reaches GCEL holdovers grounded in a tenant's failure to renew a lease.
Keywords
GCEL; Tenant Entitled to Cure in GCEL Holdover Based on Failure to Rewew Lease Under RPL § 216[1][j] and Failure to Pay "Rent Due and Owing" Under RPL § 216[1][a][i]; RPAPL § 753[4]; Default Judgment; Housing Court Order on Default Judgment Modified to Allow Tenant 30 Days to Cure Under RPAPL § 753[4] Even Though Tenant Gave no Excuse for Failure to Appear
Recommended Citation
"85 E. End Owner, LLC v. Ferraro" (2026). All Decisions. 2476.
https://ir.lawnet.fordham.edu/housing_court_all/2476
