965 FIFTH AVENUE OWNERS INC v. NESTOR (2026)

Supreme Court, Appellate Term, New York,

965 FIFTH AVENUE OWNERS, INC., Petitioner-Landlord-Respondent, v. Marianne NESTOR, Respondent-Appellant,

571615 /25

Decided: February 18, 2026

PRESENT: James, P.J., Brigantti, Alpert, JJ.

Order (Frances A. Ortiz, J.), dated February 10, 2025, affirmed, without costs.

Civil Court providently exercised its discretion in denying respondent's motion to vacate the default final judgment. Respondent failed to demonstrate any meritorious defense to this nonpayment proceeding, premised upon allegations that she failed to pay maintenance arrears on her Fifth Avenue cooperative apartment for several years, and currently owes over $800,000 (see 902 Assoc. v Union Sq. 902 Suites, LLC, 214 AD3d 581 [2023]). Respondent may not assert the breach of the warranty of habitability as a defense since she admittedly never resided in the apartment (see Genson v Sixty Sutton Corp., 74 AD3d 560, 560 [2010]; 830 Eighth Ave LLC v Global at 8th LLC, 198 AD3d 404, 405 [2021]). Nor is any defense raised by claims that petitioner failed to approve her 2014 alteration application or that landlord removed certain plumbing fixtures in 2019.

We have considered respondent's remaining claims and find them unavailing. We note that respondent was evicted on July 7, 2025.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network