New York Law Watch
Civil Rights and Constitutional Law: 2026 decisions
Constitutional challenges and civil rights claims are grouped here, including Law Watch decisions on government restrictions, equal protection and access to courts.
Claims arising from allegedly defamatory speech and anti-SLAPP protections are filed here, including decisions about actionable statements and litigation over public participation.
For Civil Rights and Constitutional Law, 2026 decisions, Law Watch lists 31 indexable decisions dated January 15, 2026 to November 5, 2026 across 13 decision weeks.
36 decision records: 31 meet the substance floor; 5 records are held from search listings.
Week ending November 7, 2026
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- Rosenthal v State of New York2026 NY Slip Op 06504
The court held that a whistleblower retaliation claim under Civil Service Law § 75-b may be based on a government’s passive inaction rather than affirmative misconduct, reversing the dismissal of that claim. The court affirmed the dismissal of the defamation claim as untimely and the due process claim due to the availability of adequate alternative remedies.
- Sinagra v Costello2026 NY Slip Op 06500
The court affirmed the dismissal of the defamation complaint, determining that the challenged statements by town officials were protected expressions of opinion rather than actionable assertions of fact. The court found that the remarks were not reasonably susceptible of a defamatory meaning and did not imply undisclosed facts detrimental to the plaintiff.
- People v County of Nassau2026 NY Slip Op 06472
The local law prohibiting the use of county park property for sporting events that allow biological males to compete on teams designated for females is invalid as preempted by the New York State Human Rights Law and Civil Rights Law. The court held that the law constitutes discrimination based on gender identity or expression, which is expressly prohibited by state law.
- Long Is. Roller Rebels v County of Nassau2026 NY Slip Op 06427
The local law prohibiting the use of county park property for sporting events that allow biological males to compete in women’s categories is invalid because it is preempted by the New York State Human Rights Law and Civil Rights Law § 40-c. The court held that the law discriminates based on gender identity or expression, which is expressly prohibited for places of public accommodation.
- Irish v Tropical Emerald, LLC2026 NY Slip Op 06423
The plaintiff is not collaterally estopped from asserting claims under the NYSHRL and NYCHRL based on a prior federal court’s dismissal of ADA claims because the state laws require independent analysis under different legal thresholds. The federal court’s determination that barrier removal was not ‘readily achievable’ under the ADA does not preclude the plaintiff from arguing that such removal would not cause ‘undue hardship’ under the NYCHRL or NYSHRL.
Week ending October 31, 2026
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- JRT Realty Group, Inc. v Cushman & Wakefield, Inc.2026 NY Slip Op 06400
The court affirmed the dismissal of the plaintiff’s claims, holding that the defamation and tortious interference claims were barred by New York’s anti-SLAPP statute because the underlying email addressed a public interest issue. Additionally, the court found the plaintiff lacked standing to enforce the contract and failed to meet the heightened substantial-basis standard required for anti-SLAPP motions.
- Maisto v State of New York2026 NY Slip Op 06365
The Appellate Division affirmed the lower court’s determination that the State’s remedial response, centered on the full implementation of the Foundation Aid formula, was rational. The court held that while plaintiffs identified legitimate concerns regarding the formula’s methodology, they failed to demonstrate that the State’s chosen remedy was patently irrational or constitutionally infirm.
- Cannabis Impact Prevention Coalition, LLC v New York State Cannabis Control Bd.2026 NY Slip Op 06364
The Appellate Division affirmed the dismissal of the complaint, holding that the state’s use of funds to finance cannabis dispensaries does not conflict with the federal Controlled Substances Act. The court determined that the state law does not create a physical impossibility of compliance with federal law nor obstruct Congress’s objectives, as it does not require individuals to engage in federally prohibited conduct.
- Callahan v Montefiore Med. Ctr.2026 NY Slip Op 06278
The court affirmed the dismissal of the plaintiff’s defamation claim, finding that the medical records produced pursuant to a subpoena in a custody proceeding were protected by an absolute privilege. The court also affirmed the dismissal of the negligence per se claim and the denial of the plaintiff’s motion to renew.
Week ending October 24, 2026
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- Matter of New York State Div. of Human Rights v D. Auxilly NYC LLC2026 NY Slip Op 06229
The court affirmed the Division of Human Rights’ order finding that the respondent discriminated against the complainant based on sexual orientation in violation of the NYSHRL. The court held that the First Amendment did not shield the business from liability because it refused to sell a previously designed and marketed garment rather than creating a customized expressive item.
- Spain v Williams2026 NY Slip Op 06160
The court affirmed the dismissal of the plaintiff’s defamation claims, finding that the alleged statements were nonactionable opinion or rhetorical hyperbole rather than provable facts. The court further upheld the award of costs and attorneys’ fees to the defendants under the anti-SLAPP statute because the action lacked a substantial basis in law.
- 513 W. 26th Realty LLC v George Billis Galleries, Inc.2026 NY Slip Op 06058
The court held that New York City Administrative Code § 22-1005, which temporarily barred the enforcement of personal liability guaranties for certain commercial leases during the pandemic, does not violate the Contracts Clause of the United States Constitution. Applying the three-part test, the court found the law served a legitimate public purpose and was a reasonable and appropriate means of addressing the economic emergency, warranting substantial deference to the legislative judgment.
Week ending October 17, 2026
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- Tullis v City of Yonkers2026 NY Slip Op 05987
The court affirmed the dismissal of false arrest, false imprisonment, and malicious prosecution claims against the officers and the City because identified citizens provided sufficient information to establish probable cause. The court further held that the City could not be held vicariously liable for the officers’ actions and dismissed the negligent supervision claim as a result.
- Martinez v Hands of Hope P.T., P.C.2026 NY Slip Op 05949
The court affirmed the dismissal of the plaintiff’s claim under the New York City Human Rights Law against the employer, holding that a physical therapist assistant’s sexual assault was outside the scope of employment. The court determined that such conduct, committed for wholly personal motives, does not further the employer’s business and thus precludes vicarious liability.
- Goldberg v Rozenberg2026 NY Slip Op 05907
The court affirmed the dismissal of the complaint, holding that the allegedly defamatory statements were protected by the absolute litigation privilege because they were made in the course of litigation and were pertinent to the proceedings. The court further held that the plaintiff failed to state a cause of action for intentional infliction of emotional distress and that dismissal with prejudice was proper because the plaintiff did not request leave to amend.
Week ending October 10, 2026
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- Fuller v City of Buffalo2026 NY Slip Op 05881
The court affirmed summary judgment in favor of the City defendants, determining that probable cause existed for the plaintiff’s arrest based on witness statements and officer testimony. Consequently, the defendants were entitled to qualified immunity, and the claims for false arrest, malicious prosecution, and abuse of process were properly dismissed.
- Matter of New York State Police v Brian LL.2026 NY Slip Op 05832
The court reversed the lower court’s grant of an extreme risk protection order, holding that the petitioner failed to establish by clear and convincing evidence that the respondent was likely to engage in conduct resulting in serious harm. The court found the evidence of an implied threat to be equivocal and contradictory, particularly given the respondent’s explanation that his statements referred to future litigation rather than violence.
- Shapiro v Kushnick-Carr2026 NY Slip Op 05822
The court held that the plaintiff’s defamation claim lacked a substantial basis in law because the defendant’s Google review constituted nonactionable pure opinion rather than factual assertion. Consequently, the action was deemed a SLAPP suit, warranting dismissal and an award of attorneys’ fees to the defendant.
Week ending October 3, 2026
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- People v Keyshawn F.2026 NY Slip Op 05608
The court affirmed the conviction for criminal possession of a weapon in the fourth degree, rejecting the defendant’s facial Second Amendment challenge to New York’s gun licensing regime. The court held that the defendant’s as-applied challenge based on age was unpreserved and alternatively failed on the merits.
- Town of Greenburgh v State of New York2026 NY Slip Op 05567
The court held that Laws of 2024, chapter 7 is a general law rather than a special law, despite containing a specific exemption for Edgemont, and therefore did not require a home rule message. Additionally, the individual plaintiffs lacked standing to maintain the third and fifth causes of action because their asserted injuries were speculative and not distinct from the general public.
- Johnson v Brentwood Teachers Assn.2026 NY Slip Op 05523
The court affirmed the dismissal of the complaint against the union defendants for failure to state a cause of action and granted their motion for costs and attorneys’ fees under the Anti-SLAPP statute. However, the court reversed the lower court’s sua sponte dismissal of the claims against the candidate defendants, finding no extraordinary circumstances to warrant such relief.
- Thomas v City of New York2026 NY Slip Op 05506
The court affirmed the dismissal of the plaintiff’s claims, finding that the defendants established probable cause for the arrest and prosecution based on witness identification and the grand jury indictment. The court held that the existence of other potential avenues of police investigation does not vitiate probable cause.
Week ending September 26, 2026
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- Matter of New York State Police v Owen WW.2026 NY Slip Op 05452
The Appellate Division reversed the lower court’s denial of an extreme risk protection order, holding that CPLR article 63-A does not require proof that the respondent threatened harm with a firearm or currently possesses one. The court determined that the statutory standard focuses on the likelihood of serious harm to self or others, and imposing a firearm-specific prerequisite was an erroneous legal standard that foreclosed the petitioner from presenting its proof.
Week ending July 25, 2026
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- Montegari v Miller2026 NY Slip Op 04696
The court affirmed the judgment, holding that selective-enforcement equal protection claims survive in the public employment context and that the lower court correctly denied dismissal of the retaliation claim. The court also determined it lacked subject matter jurisdiction over the tortious interference claim but found no need to modify the judgment because no damages were awarded for that cause of action.
- Bieber v Town of Hamburg2026 NY Slip Op 04605
The court held that the employee’s statements accusing the plaintiff of being a pedophile constituted non-actionable opinion and rhetorical hyperbole rather than assertions of fact. Consequently, the lower court’s grant of summary judgment to the plaintiff on the slander per se claim was reversed and the complaint was dismissed.
Week ending April 18, 2026
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- George v State of New York90 Misc 3d 372
The court held that Correction Law § 865 (1) is not facially unconstitutional because the plaintiff failed to demonstrate that the Equal Rights Amendment was intended to apply retroactively to existing statutes. The court declined to address the level of scrutiny for age-based classifications, noting that the facial challenge failed on the basis of the statute’s prospective application.
Week ending March 21, 2026
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- Matter of Cannabis v Hochul252 AD3d 235
The court held that New York’s cannabis regulations under the Marihuana Regulation and Taxation Act are not preempted by the federal Controlled Substances Act because they do not create a positive conflict or stand as an obstacle to federal objectives. The regulations merely regulate legitimate and illegitimate handling of marihuana without requiring conduct that violates federal law.
- Fabia v Power Auth. of the State of N.Y.252 AD3d 217
The court held that the plaintiff’s claims for common-law negligence and violation of Labor Law § 200 are not entirely preempted but may proceed by substituting the federal standard of care. Conversely, claims under Labor Law §§ 240(1) and 241(6) were dismissed because their strict liability standards conflict with federal aviation regulations.
Week ending March 7, 2026
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- Matter of People v Commons West, LLC252 AD3d 190
The source-of-income discrimination law is facially unconstitutional because it indirectly compels landlords to consent to warrantless searches of their properties and records as a condition of participating in the Section 8 program. This requirement violates landlords’ Fourth Amendment rights, and a voluntary administrative policy does not cure the statute’s facial invalidity.
Week ending January 24, 2026
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- Williams v Board of Elections of the State of N.Y.90 Misc 3d 241
The court held that the 2024 Congressional Map for New York’s 11th District violates Article III, Section 4 (c) (1) of the New York State Constitution by unlawfully diluting the votes of Black and Latino voters. The court ordered the Independent Redistricting Commission to reconvene and create a new map by February 6, 2026, rather than drawing the lines itself.
Week ending January 17, 2026
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- M.T. v Yeshiva Univ.251 AD3d 150
The court held that the Child Victims Act does not violate the Due Process Clause or the Supremacy Clause because final federal judgments dismissing time-barred claims do not create a constitutionally protected vested property right. Consequently, the state legislature may revive time-barred claims without abrogating any vested rights held by the defendants.
Also decided
- People v Nevarez 2026 NY Slip Op 05864 October 8, 2026
- Gianna T. D. v 64 W. Chippewa Assoc. LLC 2026 NY Slip Op 04568 July 24, 2026
- SCPS, LLC v Kind Law 90 Misc 3d 267 March 31, 2026
- DISABILITY RIGHTS NY v STATE 252 AD3d 161 February 26, 2026
- Matter of Coalition for Fairness in Soho & Noho, Inc. v City of New York 46 NY3d 1 January 13, 2026