Jin v. Delta Realty Group LLC
This text of Jin v. Delta Realty Group LLC (Jin v. Delta Realty Group LLC) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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Bureau Thomas J.K. Smith, State Reporter
Jin v Delta Realty Group LLC
2026 NY Slip Op 04164
June 30, 2026
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
Lifeng Jin, Appellant,
v
Delta Realty Group LLC, Respondent.
Decided and Entered: June 30, 2026
Index No. 100224/24|Appeal No. 6993|Case No. 2026-01500|
Before: Scarpulla, J.P., González, Rodriguez, Higgitt, Hagler, JJ.
Lifeng Jin, appellant pro se.
Sperber Kahan Law Group PLLC, New York (Steven B. Sperber of counsel), for respondent.
Order, Supreme Court, New York County (Nicholas W. Moyne, J.), entered on or about January 21, 2025, which denied plaintiff's motion for a default judgment and dismissed the action based on res judicata, unanimously reversed, on the law, without costs, the complaint reinstated, and the matter remanded for further proceedings consistent with this decision.
Supreme Court denied plaintiff's motion for a default judgment and dismissed the action as barred by res judicata upon a finding that the claim appeared to be duplicative of counterclaims plaintiff previously asserted in a prior action between the parties in Bronx Civil Court, which were dismissed in a May 2022 decision. Appellate Term, First Department later issued a decision reversing the judgment of the Bronx Civil Court and remanding for further proceedings, including consideration of landlord's summary judgment motion, based on its finding that "[a]lthough Civil Court's decision/order granting judgment to landlord expressly states that it is made 'after trial,' a review of the transcript from the court appearance of April 5, 2022, reveals that no trial was actually held" (Delta Realty Group LLC v Lifeng Jin, 88 Misc 3d 132[A], 2026 NY Slip Op 50555[U], *1 [App Term, 1st Dept 2026]).
In light of the Appellate Term's reversal of the Civil Court judgment underlying the res judicata ruling in contention here, the Supreme Court's decision is reversed. The matter is remanded for further proceedings, including consideration of whether plaintiff's motion for a default judgment should be granted because defendant, as it concedes, never appeared in this action.THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: June 30, 2026
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