SCHWEIZER III 24 1998 v. ANDERSON GOMEZ (2026)

Supreme Court, Appellate Term, New York,

William SCHWEIZER III Trustee, U/W William Schweizer a/k/a William E. Schweizer dated January 24, 1998, Petitioner-Landlord-Appellant, v. Kay ANDERSON-GOMEZ a/k/a Bianka Gomez, Respondent-Tenant-Respondent, and “John Doe,” “Jane Doe,” Respondents-Undertenants.

571461 /25

Decided: February 18, 2026

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

Order (Alberto M. Gonzalez, J.), entered on or about June 28, 2024, reversed, without costs, petition reinstated, and matter remanded for a new inquest.

The inquest court should not have dismissed the holdover petition. Having defaulted, respondents are deemed to have admitted all traversable allegations in the petition (AFF-WHGA MN-11E, LP v Wiggins, 87 Misc 3d 129 [A], 2025 NY Slip Op 51593[U] [App Term, 1st Dept 2025]). The dismissal order, premised upon grounds not raised at the inquest, such as discrepancies in the name of the nonappearing tenant in various documents, deprived landlord of notice and an opportunity to be heard (see Misicki v Caradonna, 12 NY3d 511, 519 [2009]). Since landlord was not offered an opportunity to explain the discrepancies, we remand for a new inquest. We also take judicial notice of undertenants deposition testimony (NYSCEF Doc. No. 30; see Juman v Cape Church Assoc., LLC, 234 AD3d 551, 552 [2025]), explaining that tenant was known as both Bianca Gomez and Kay Gomez.

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Out of date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