New York Law Watch
Municipal Law and Government Liability: 2026 decisions
Local government powers and claims against public bodies are filed here, including decisions on municipal duties, immunity and conditions for bringing suit.
Election disputes are filed here, including decisions on petitions, nominations, ballots and the authority of party committees.
For Municipal Law and Government Liability, 2026 decisions, Law Watch lists 29 indexable decisions dated January 21, 2026 to November 12, 2026 across 12 decision weeks.
34 decision records: 29 meet the substance floor; 5 records are held from search listings.
Week ending November 14, 2026
Browse the week ending November 14, 2026
- Tenelema v H.T. Lyons Inc.2026 NY Slip Op 06587
The Appellate Division reversed the lower court’s grant of leave to serve a late notice of claim against Lavelle School for the Blind. The plaintiff failed to demonstrate that the defendant had actual knowledge of the essential facts of the claim or provided a reasonable excuse for the delay in filing.
- Cisario v Abele Tractor & Equip. Co., Inc.2026 NY Slip Op 06603
The Appellate Division affirmed the denial of the Town’s motion to dismiss because the record was insufficient to determine if the written notice provided to a highway department employee satisfied the statutory requirement of notice to the town clerk or superintendent of highways. The court found that discovery was necessary to clarify the internal forwarding of the notice and the functional equivalent of the abolished superintendent position.
Week ending November 7, 2026
Browse the week ending November 7, 2026
- 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.
- Matter of Arcila v Town of N. Hempstead2026 NY Slip Op 06434
The Appellate Division reversed the lower court’s denial of the petition, granting the request to deem the late notice of claim timely served nunc pro tunc. The court found that the petitioner demonstrated a reasonable excuse for the one-day delay and that the municipality acquired actual knowledge of the essential facts, failing to show substantial prejudice.
- Estate of Tadeusz W. Czajkowski, et al., v. City of New York, et al.2026 NY Slip Op 06418
The Appellate Division affirmed the denial of the plaintiffs’ motion for leave to renew their opposition to the dismissal of the complaint. The court determined that the plaintiffs failed to present any new facts or evidence that would have altered the prior determination regarding the dismissal.
Week ending October 31, 2026
Browse the week ending October 31, 2026
- Matter of T. C. v New York City Dept. of Educ.2026 NY Slip Op 06308
The Appellate Division affirmed the denial of leave to serve a late notice of claim because the petitioners failed to demonstrate that the Department of Education had actual knowledge of the essential facts constituting the claim. The court determined that the submitted reports indicated the crowd merely furnished the occasion for the accident, rather than showing that the municipality committed a potentially actionable wrong through negligent supervision.
- Matos-Matos v City of Yonkers2026 NY Slip Op 06293
The Appellate Division reversed the lower court’s denial of summary judgment, granting the City’s motion to dismiss the complaint. The court held that the City established it lacked prior written notice of the sidewalk defect and the plaintiff failed to demonstrate that the affirmative negligence exception applied.
Week ending October 17, 2026
Browse the week ending October 17, 2026
- Sadore Lane Gardens, Inc. v City of Yonkers2026 NY Slip Op 05984
The court granted the defendant’s motion for summary judgment because the plaintiff failed to raise a triable issue of fact regarding the causal connection between the municipality’s alleged negligence and the flooding. The municipality was immune from liability for the design of its sewerage system and the plaintiff was not an intended third-party beneficiary of the maintenance agreement.
Week ending October 10, 2026
Browse the week ending October 10, 2026
- Matter of Edholm v Board of Coop. Educ. Servs. Erie 1 BOCES2026 NY Slip Op 05882
The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the respondents had actual knowledge of the claim’s essential facts within the statutory period and would not be substantially prejudiced by the delay. The notice of claim was deemed timely served nunc pro tunc.
- Matter of Defonce v Village of Port Chester2026 NY Slip Op 05786
The court affirmed the denial of the petition for leave to serve a late notice of claim because the petitioner failed to establish that the municipality had actual knowledge of the essential facts constituting the claim within 90 days. Additionally, the petitioner did not demonstrate a reasonable excuse for the delay or show that the delay would not substantially prejudice the municipality’s defense.
- Davis v City of New York2026 NY Slip Op 05766
The court reversed the lower court’s denial of the defendants’ motion to dismiss, holding that the plaintiff failed to allege facts establishing a special duty or voluntary assumption of duty by the municipality. Consequently, the complaint was dismissed for failure to state a cause of action, and the plaintiff’s cross-motion for summary judgment was denied.
- Bonilla v Village of Westbury2026 NY Slip Op 05760
The court affirmed the grant of summary judgment dismissing the complaint against the Village of Westbury because the Village established it lacked prior written notice of the sidewalk defect. The plaintiff failed to raise a triable issue of fact regarding the applicability of any exception to the written notice requirement.
Week ending October 3, 2026
Browse the week ending October 3, 2026
- Matter of Vitucci v Ford2026 NY Slip Op 05682
The court held that the proceeding to validate the certificate of nomination was timely because it was commenced within three business days of the Board’s determination. Additionally, the court determined that Election Law § 6-148(4) is inapplicable to the certificate of nomination because the vacancy was created by a legislative act rather than a vacancy in a preexisting nomination or designation.
- Matter of Tkebuchava v New York City Tr. Auth.2026 NY Slip Op 05543
The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the public corporation had actual knowledge of the essential facts of the accident and that no substantial prejudice was demonstrated. Consequently, the petitioner’s failure to provide a reasonable excuse for the delay did not bar the granting of the petition.
- Kopitova v New York City Tr. Auth.2026 NY Slip Op 05524
The court affirmed the dismissal of the complaint because the plaintiff failed to validly serve a notice of claim by e-mail, which was not a prescribed method of service. The defendant did not waive the objection to the defective service because it promptly notified the plaintiff that it did not accept service via e-mail.
- Matter of Peña v Hermelyn2026 NY Slip Op 05507
The court held that outgoing members of the Kings County Democratic County Committee Executive Committee were not authorized to vote on rule amendments after the primary election, rendering the amendments invalid. However, the court modified the lower court’s judgment by removing the injunction against outgoing members exercising functions on substantial matters, as the 2019 amendment to Election Law § 2-112(1)(b) supersedes prior functus officio case law.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- Matter of Vaiselberg v Caller2026 NY Slip Op 05462
The court affirmed the dismissal of the petition to set aside the primary election results because the petitioner failed to demonstrate that the alleged irregularities were sufficiently large to affect the outcome. The court found that the missing reconciliation forms did not render the determination of the rightful nominee impossible.
- Matter of Serpico-Maresca v Town of Hempstead2026 NY Slip Op 05403
The Appellate Division affirmed the denial of leave to serve a late notice of claim because the petitioner failed to demonstrate that the Town acquired actual knowledge of the essential facts constituting the claim within the statutory period. Additionally, the petitioner failed to proffer a reasonable excuse for the delay in serving the correct municipal entity.
- Matter of Nash v New York City Tr. Auth.2026 NY Slip Op 05399
The Appellate Division reversed the lower court’s denial of the petition, granting the request to deem the late notice of claim timely served nunc pro tunc. The court found that the petitioner demonstrated a reasonable excuse for the delay due to his severe injuries and that the respondents had actual knowledge of the claim without substantial prejudice.
- Civil Serv. Empls. Assn., Inc. v Town of Eastchester2026 NY Slip Op 05378
The court affirmed the dismissal of the complaint because the plaintiffs failed to file a required notice of claim under Town Law § 65(3). The court determined that the exception for ongoing violations did not apply and that the notice was a condition precedent to maintaining the action.
- I.M. v City of New York2026 NY Slip Op 05371
The court affirmed the denial of summary judgment for the City and Empress Ambulance Service, finding that issues of fact remained regarding whether the EMTs owed a special duty and whether their actions were discretionary or ministerial under REMAC protocols. The court modified the lower court’s order to dismiss the cause of action for negligent hiring, training, and retention against the City due to the plaintiffs’ failure to oppose that specific branch of the motion.
Week ending September 19, 2026
Browse the week ending September 19, 2026
- Jones v New York City Hous. Auth.2026 NY Slip Op 05293
The court reversed the dismissal of the complaint because the defendant failed to reschedule the oral examination after the plaintiff’s counsel postponed it indefinitely. Under General Municipal Law § 50-h, the municipality has an obligation to reschedule the examination for the earliest possible date if it is postponed beyond the ninety-day period.
- Matter of Mitchell v NYC Bd. of Elections2026 NY Slip Op 05257
The court affirmed the denial of the petition to validate an independent nominating petition because the petitioner failed to strictly comply with Election Law § 6-140(1)(a) by omitting the name of the independent body. The court determined that this omission constituted a fundamental flaw rather than a de minimis scrivener’s error, rendering the petition invalid.
- Matter of Hansen v Suffolk County Bd. of Elections2026 NY Slip Op 05256
The hybrid proceeding and action were dismissed because the petitioner failed to institute the proceeding within the statutory time limitations set forth in Election Law article 16. The court found that the proceeding was not promptly instituted after the petitioner had notice of the Board’s determination invalidating the designating petition.
Week ending September 12, 2026
Browse the week ending September 12, 2026
- Matter of Ramos v Barravecchio2026 NY Slip Op 05255
The appellate court affirmed the lower court’s denial of the motion to dismiss the petition, finding that the failure to verify the petition was not a basis for dismissal because the respondent failed to give notice with due diligence regarding the defect. Additionally, the court noted that there was no allegation that any substantial right would be prejudiced by the allegedly defective verification.
Week ending September 5, 2026
Browse the week ending September 5, 2026
- Matter of Caceres v NYC Health & Hosps.2026 NY Slip Op 05182
The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the petitioners established a reasonable excuse for the delay due to the infant’s medical condition and that the public corporation was not prejudiced. The proposed notice of claim was deemed served nunc pro tunc.
Week ending July 25, 2026
Browse the week ending July 25, 2026
- Matter of Allard v County of Steuben2026 NY Slip Op 04632
The Appellate Division held that the repeal of a local law providing indemnification to the County Sheriff was a legislative, rather than administrative, action, and therefore could not be invalidated based solely on an alleged improper animus. The court affirmed the validity of the local law, finding that the petitioner failed to meet the heavy burden of establishing invalidity beyond a reasonable doubt.
- Matter of WKP, LLC v Town of Lancaster2026 NY Slip Op 04630
The court modified the lower court’s order by dismissing the mandamus and time-barred Article 78 claims, but vacated the directive compelling the Town Board to revote because declaratory judgment cannot compel specific performance. Consequently, the subsequent order directing a second revote was reversed as it was predicated on the invalid initial directive.
Week ending January 24, 2026
Browse the week ending January 24, 2026
- 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.
Also decided
- Matter of Williams v New York State Bd. of Elections 2026 NY Slip Op 06271 October 28, 2026
- Wilson v Incorporated Vil. of Val. Stream 2026 NY Slip Op 06165 October 21, 2026
- Matter of Ford v Vitucci 2026 NY Slip Op 05681 October 2, 2026
- Matter of WKP, LLC v Town of Lancaster 2026 NY Slip Op 04631 July 24, 2026
- GAGLIANO v BD. OF ELECTIONS 90 Misc 3d 353 March 2, 2026