New York Law Watch
Personal Injury and Negligence
Injury claims based on negligence are grouped here, including records on premises, vehicles, products, causation and the allocation of responsibility.
For Personal Injury and Negligence, Law Watch lists 174 indexable decisions dated January 22, 2026 to November 12, 2026 across 16 decision weeks.
190 decision records: 174 meet the substance floor; 16 records are held from search listings.
The records below come from 9 courts and include both primary and secondary area classifications.
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Recent decisions
- 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.
- Larrea v Sanitation Salvage Corp. et al.2026 NY Slip Op 06575
The court affirmed the exclusion of defendants’ biomechanical expert because the methodology was not generally accepted and lacked probative value due to unsupported assumptions. The court modified the judgment to reduce the past pain and suffering award from $2,000,000 to $1,350,000, finding the original amount materially deviated from reasonable compensation.
- De Los Santos v 512-514 Realty LLC2026 NY Slip Op 06570
The court affirmed the denial of summary judgment on the negligence claims due to triable issues of fact regarding smoke alarms, door maintenance, and superintendent training. However, the court granted summary judgment dismissing the cause of action for negligent infliction of emotional distress because the plaintiff failed to witness the decedent’s injury.
- Walsh v Singho2026 NY Slip Op 06568
The Appellate Division reversed the summary judgment granted to the defendants, finding that the dashboard video and affidavits raised triable issues of fact regarding whether the defendant driver failed to yield and whether that failure was a proximate cause of the accident. The court determined that the police report and officer’s testimony were insufficient to establish the absence of fault.
- Ukekweh v City of New York2026 NY Slip Op 06567
The complaint against defendant Tabaroki was properly dismissed because the plaintiff failed to plead actual malice, a required element for a malicious prosecution claim. Additionally, the plaintiff’s Section 1983 claim was unpreserved and lacked evidence that the defendant acted under color of law.
- Then v Meridian Realty Inc.2026 NY Slip Op 06566
The appellate court reversed the summary judgment granted to the property owners because they failed to eliminate issues of fact regarding the plaintiff’s ability to identify the cause of her fall and the existence of constructive notice. The court affirmed the dismissal against a different defendant based on the plaintiff’s testimony that the accident occurred elsewhere.
- Privilege Underwriters Reciprocal Exch. v SBP N.Y. LLC2026 NY Slip Op 06540
The court affirmed the dismissal of a common-law indemnification claim because the underlying complaint failed to allege that the indemnitor was vicariously liable for the indemnitee’s conduct. Vicarious liability is a necessary predicate for common-law indemnity, which was absent here.