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

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