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Ronald Z. Snyder, Plaintiff-Appellant, v. Sivic Realty Corp., Defendant-Respondent.
Per Curiam.
Order (Diomarys Escaño-Bell, J.), dated December 22, 2025, reversed, without costs, action reinstated and remanded for further proceedings.
Exercising our discretion (see Ruiz v Laophermsook, 211 AD3d 496 [2022]), we vacate plaintiff's default in appearance at trial of this small claims action. Plaintiff set forth a reasonable excuse for his isolated default in appearance as well as a potentially meritorious claim against defendant, his landlord, for damages based upon a breach of the warranty of habitability (see Jobe v Chelsea Hotel Owner LLC., 198 AD3d 440 [2021]).
All concur.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Clerk of the Court
Decision Date: September 24, 2026
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Docket No: 570726 /26
Decided: September 24, 2026
Court: Supreme Court, Appellate Term, New York.
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