SM MMS LLC v. TV LLC (2026)

Supreme Court, Appellate Term, New York,

SM I MMS, LLC, D/B/A Workspace Office at Manhattan Mini-Storage, Petitioner-Respondent v. Fearless Music TV, LLC, Respondent-Appellant.

571345 /26

Decided: October 15, 2026

PRESENT: Tisch, J.P., Perez, Alpert, JJ.

Per Curiam.

Order (Lauren L. Esposito, J.), entered June 4, 2026, reversed, with $10 costs, motion granted, default final judgment vacated and matter remanded to Civil Court for further proceedings.

The court improvidently exercised its discretion in denying respondent's motion to vacate the default final judgment of possession. The documented cardiac emergency of respondent's principal, corroborated by hospital records that were sent to the court and opposing counsel before the inquest, established a reasonable excuse for the default (see World O World Corp. v Anoufrieva, 163 AD3d 610, 611 [2018]). Respondent also demonstrated the existence of potentially meritorious defenses to this licensee holdover proceeding, including whether the governing agreement constitutes a lease, rather than a license agreement, and whether petitioner served notice of its intention to not renew in accordance with said agreement.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: October 15, 2026

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