85 LLC v. Samantha Ferraro, Respondent-Tenant-Appellant, and Adam Ferraro, Respondent. (2026)

Per Curiam.

Order (Daniele Chinea, J.), dated November 7, 2025, modified to grant tenant's motion to the extent of amending the final judgment to include a 30-day cure period; as modified, order affirmed, without costs.

We find no abuse of discretion in the denial of tenant's motion to vacate the default judgment of possession in this holdover proceeding based upon her failure to sign a renewal lease. Tenant failed to offer any excuse for her default for failing to answer or appear at inquest. However, tenant should have been afforded an opportunity to cure pursuant to Real Property Actions and Proceedings Law (RPAPL) § 753 (4), which applies to holdover proceedings based upon a failure to sign a renewal lease (see 6 Greene St. Assoc. v Robbins, 256 AD2d 169, 170 [1998]; Fairbanks Gardens Co. v Gandhi, 168 Misc 2d 128 [App Term, 2d Dept 1996], affd 244 AD2d 315 [1997]). RPAPL § 753 (4) is a remedial statute that must be construed liberally so as to extend its "beneficial effects as widely as possible" (Nestor v McDowell, 81 NY2d 410, 414 [1993]; Post v 120 East End Ave. Corp., 62 NY2d 19, 24 [1984]). We modify accordingly.

All concur.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Clerk of the Court

Decision Date: September 24, 2026