New York Law Watch
Appellate Division, First Department: July to December 2026
For Appellate Division, First Department, July to December 2026, Law Watch lists 321 indexable decisions dated September 3, 2026 to November 12, 2026 across 11 decision weeks.
419 decision records: 321 meet the substance floor; 98 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.
- Shahid v New York Columbia-Presbyt. Hosp. Irving Med. Ctr.2026 NY Slip Op 06586
The dismissal of the medical malpractice complaint was affirmed because the plaintiff was not an authorized representative of the decedent’s estate and lacked the capacity to sue pro se. The court determined that only a personal representative with letters of administration could maintain the wrongful death and personal injury claims.
- Sanchez v Hanne2026 NY Slip Op 06585
The court affirmed summary judgment dismissing the plaintiff’s claims for serious injury because the defendants established that the plaintiff’s left knee injury was not causally related to the accident. The plaintiff failed to raise an issue of fact as his medical records were uncertified and his expert report was unaffirmed, leaving the defendants’ radiologist’s findings of chronic degeneration unrefuted.
- Matter of C.R.2026 NY Slip Op 06584
The petition was properly dismissed for facial insufficiency because the uncertified, unverified, and unsigned grand jury minutes submitted were hearsay, and the petition did not otherwise contain any nonhearsay allegations. The Presentment Agency was permitted to appeal the dismissal order because the respondent’s motion to dismiss was filed untimely, causing the order to be entered after the fact-finding hearing had commenced.
- People v Fioranelli2026 NY Slip Op 06582
The conviction for assault in the third degree and official misconduct was affirmed because the evidence was legally sufficient and not against the weight of the evidence. The court determined that the defendant, a police officer, lacked reasonable grounds to use pepper spray on a restrained victim.
- People v J.M.2026 NY Slip Op 06580
The appellate court affirmed the conviction and sentence but modified the judgment by striking probation conditions 14, 15, and 24 as unopposed. The court upheld the remaining probation conditions as reasonably related to the defendant’s rehabilitation, while declining to review unpreserved constitutional challenges.
- People v Henry2026 NY Slip Op 06579
The conviction for attempted burglary in the second degree was reversed due to ineffective assistance of counsel, as the grand jury evidence was legally insufficient to establish the requisite intent to commit a crime. The court found that counsel’s failure to properly litigate the insufficiency of the evidence after receiving the grand jury minutes implicated the voluntariness of the defendant’s guilty plea and waiver of appeal.
- People v Jimenez2026 NY Slip Op 06577
The court held that the detective lacked a good faith basis to believe the driver had authority to consent to the search of a bag she explicitly denied owning. Consequently, the search was unlawful, and the resulting evidence, including narcotics and items from a subsequent warrant, was suppressed.
- Matter of McGruder v Abyssinian Baptist Church in the City of N.Y., Inc.2026 NY Slip Op 06576
The court affirmed the dismissal of a petition to set aside a pastoral election, finding that the church bylaws required election by a majority of votes cast rather than all eligible members. The court further held that the petitioners’ allegations of irregularities were conclusory and failed to demonstrate fraud or a substantial likelihood that the election outcome was affected.
- 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.
- Matter of S.L. v R.S.M.2026 NY Slip Op 06574
The Appellate Division affirmed the Family Court’s denial of the father’s petition for custody modification, finding no change in circumstances and upholding the lower court’s credibility determinations. The court also determined that any error in admitting the mother’s diary was harmless because the father failed to demonstrate prejudice.
- Iron Horse Credit LLC v Wilner2026 NY Slip Op 06573
The Appellate Division modified the lower court’s order to reinstate the plaintiff’s claim for breach of a release provision, finding that the defendant failed to show the release utterly refuted the plaintiff’s reasonable interpretation of the clause. The court also affirmed the denial of sanctions, noting the law firm was not a respondent and the omission was corrected in the amended complaint.
- Matter of Falu v Metropolitan Transp. Auth.2026 NY Slip Op 06571
The Appellate Division affirmed the dismissal of the petition as time-barred because the petitioner commenced the proceeding nearly one year after the final administrative determination. The court held that the determination was final and binding, and the dismissal was proper despite the petitioner’s arguments regarding the merits of his disciplinary suspension.
- 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.
- BP Energy Company v LOLA Energy PetroCo LLC2026 NY Slip Op 06569
The Appellate Division affirmed the preliminary injunction enjoining the defendant from distributing encumbered proceeds, finding that the plaintiff demonstrated a probability of success on the merits, irreparable harm due to unauthorized asset transfers, and a favorable balance of equities. The court noted that the injunction merely enforced existing contractual restrictions against distributions during default.
- People v Wilson2026 NY Slip Op 06558
The court modified the judgment to strike probation conditions requiring the payment of a surcharge and fees, as well as a prohibition on gang affiliation, finding them not reasonably related to rehabilitation. The court affirmed the remaining probation conditions, including those related to drug testing and avoiding disreputable people, as reasonably related to the defendant’s rehabilitation.
- 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.
- Tacora Nantucket Fin. LLC v Nantucket Capital Corp.2026 NY Slip Op 06565
The Appellate Division reversed the lower court’s denial of a preliminary injunction, granting an anti-suit injunction to stop defendants from prosecuting a California lawsuit. The court found that defendants acted in bad faith by concealing the California filing while engaging in settlement discussions and explicitly aiming to invalidate New York forum selection clauses.
- Hai Po Sun v Jung Hoon Son2026 NY Slip Op 06564
The Appellate Division reversed the summary judgment dismissing the defendant’s counterclaim, finding that triable issues of fact existed regarding whether the plaintiff acted in a personal capacity out of malice to interfere with the defendant’s employment. The court also reinstated the defendant’s affirmative defense of setoff because the alleged damages exceeded the amount due on the promissory note.
- Stone Sec. Serv. & Investigations Inc. v Panoramic Sec. & Consulting Servs., LLC2026 NY Slip Op 06563
The Appellate Division affirmed the lower court’s order holding defendants in civil contempt for violating a preliminary injunction that prohibited communication with a specific client. The court found that the defendants knowingly violated the injunction, and that willfulness is not a required element for civil contempt.
- People v Campbell2026 NY Slip Op 06560
The court affirmed the conviction and sentence, holding that the defendant waived his right to appeal the excessive sentence claim. Additionally, the court found that the defendant waived his argument regarding jury determination of tolling periods by admitting the allegations in the Predicate Felony Statement.
- People v Francois2026 NY Slip Op 06559
The court modified the probation conditions by striking those requiring payment of surcharges, firearm restrictions, gang-related restrictions, and consent to searches, as they were not reasonably related to rehabilitation. The court affirmed the remaining conditions, including those related to substance abuse and family support, as reasonably necessary.
- People v Rivera2026 NY Slip Op 06557
The conviction for burglary in the second degree was reversed because the trial court erroneously instructed the jury that the defendant could be convicted based on unlawfully remaining in the building. Because the jury was presented with mutually exclusive circumstances for entry and remaining, the error was not subject to harmless error analysis.
- People v Canady2026 NY Slip Op 06556
The court affirmed the defendant’s designation as a level three sexually violent offender, rejecting the argument that age-based risk factors should be ignored based on scientific research. Although the lower court’s findings were insufficient, the upward departure was justified by the severity of the defendant’s conduct, including rape and murder.
- Morton v Abihssira2026 NY Slip Op 06555
The court affirmed the dismissal of the plaintiff’s action because he lacked standing under RPAPL 1501(4) after his interest in the property was extinguished by a prior foreclosure sale. Additionally, the court found that the plaintiff had constructive notice of the foreclosure action as a tenant, binding him to the proceedings.
- Matter of A.M. (N.L.)2026 NY Slip Op 06554
The Appellate Division affirmed the Family Court’s finding that the appellant was legally responsible for the child and had abused the child, as the evidence established caretaking responsibilities and nonaccidental trauma. The court rejected the appellant’s claims of ineffective assistance of counsel and bias, finding that counsel pursued a reasonable strategy and no specific prejudicial conduct was identified.
- Logrono v City of New York2026 NY Slip Op 06553
The Appellate Division reversed the lower court’s denial of summary judgment, finding that the plaintiff was entitled to judgment as a matter of law on her Labor Law § 241(6) claims. The court determined that the doorway constituted a passageway and the storage area a working area, satisfying the requirements of the applicable Industrial Code regulations.
- Jesus M. Zeno, P.C. v Grullon2026 NY Slip Op 06552
The court affirmed the denial of the defendant’s motion to vacate the default judgment, finding that her bare denial of service was insufficient and that she waived the defense by filing a notice of appearance. The court modified the turnover order to exclude pension monies held in trust and real property located in the Dominican Republic, as these are exempt from turnover under CPLR 5225.
- Deshmukh v Kasowitz Benson Torres LLP2026 NY Slip Op 06550
The appellate court affirmed the order compelling arbitration, determining that a subsequent amended and restated partnership agreement containing an arbitration clause superseded a prior agreement that lacked such a clause. The court held that the subsequent agreement’s explicit language terminating and superseding prior agreements applied to disputes predating the new agreement, even where the employment relationship involved distinct periods.
- Matter of Anonymous v Trustees of Columbia Univ. in the City of N.Y.2026 NY Slip Op 06549
The Appellate Division affirmed the dismissal of the petition as time-barred because the university’s email stating admissions decisions were final constituted an unambiguously final decision. The court found that the petitioner failed to commence the proceeding within the statutory four-month period and did not demonstrate fraud to justify equitable estoppel.
Week ending November 7, 2026
Browse the week ending November 7, 2026
- Volquez v Wade Hampton Apts., Inc.2026 NY Slip Op 06548
The Appellate Division reversed the summary judgment dismissing the plaintiff’s Labor Law § 241(6) claim, finding that the plaintiff’s testimony regarding the saw’s defective guard and lack of protection raised triable issues of fact. The court determined that the plaintiff was not barred from recovery simply because he was not the operator of the circular saw that injured him.
- VNB N.Y., LLC v Yellow Raven Cab Corp.2026 NY Slip Op 06547
The plaintiff established prima facie entitlement to summary judgment on the note and guaranty, as the defendant’s failure to submit a signed extension agreement did not raise a triable issue of fact given objective evidence of intent. The court held that the plaintiff’s acceptance of reduced payments did not constitute a waiver of the right to full repayment due to the unambiguous no-waiver clause in the documents.
- Thorobird Grand LLC et al. v M. Melnick & Co., Inc. et al.2026 NY Slip Op 06546
The court affirmed the dismissal of plaintiffs’ claims for liquidated damages calculated on a per-building basis, holding that the construction contract limited such damages to the project as a whole. Additionally, the court ruled that the surety’s liability under the performance bond was capped at the general contractor’s contractual responsibilities, barring separate consequential damages.
- Spano v Solar-Fi Advisor, LLC2026 NY Slip Op 06545
The appellate court affirmed the dismissal of the amended complaint, finding that the plaintiffs failed to state viable claims for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, or unjust enrichment. The court determined that the operating agreement’s merger approval provision was reasonably interpreted under Delaware law to require only a majority vote, and that further repleading would be futile.
- Sorto v SCI Funeral Servs. of N.Y., Inc.2026 NY Slip Op 06544
The court granted summary judgment dismissing the Labor Law § 200 claim and the § 241(6) claim based on 12 NYCRR 23-1.7(e)(1), but denied summary judgment on the § 241(6) claim based on 12 NYCRR 23-1.7(e)(2) due to an issue of fact regarding the integral to work doctrine. Additionally, the court granted the defendant conditional contractual indemnification against the sub-subcontractor.
- Shelby’s Toy Store Inc. v Shelby Evolution, LLC2026 NY Slip Op 06543
The court reversed the lower court’s denial of a motion to dismiss a fraudulent misrepresentation claim, finding the claim insufficient due to group pleading and a failure to plead elements with specificity. The court further held that damages for being induced to negotiate are not cognizable in fraud and that the claim was duplicative of the breach of contract claim.
- Rohlfing v 75 St. Nicholas Place, LLC2026 NY Slip Op 06542
The court modified the lower court’s order to join the new owner as a party defendant rather than substituting it for the former owner, because substitution would prejudice the plaintiffs’ ability to seek discovery regarding the former owner’s willful conduct. Carryover liability applies to the current owner for overcharges by prior owners, but substitution is improper where it hinders the tenant’s litigation against the original wrongdoer.
- Rexhepi v Astoria Park Realty LLC2026 NY Slip Op 06541
The court affirmed the dismissal of the complaint, holding that the plaintiff’s claim for a purchase price reduction under General Obligations Law § 5-1311 failed because the contract expressly allocated the risk of pre-closing loss and the plaintiff had waived inspection of the severely damaged property. The court found that the alleged damage was attributable to natural deterioration of the unsafe conditions the plaintiff knowingly accepted.
- 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.
- Pizzarotti, LLC v MDB Dev. Corp.2026 NY Slip Op 06539
The court affirmed the award of retainage damages without a trial because the plaintiff failed to raise a triable issue of fact regarding defects. However, it vacated the judgment regarding requisition number 10 and remanded for a trial because conflicting versions of the document created factual disputes over the damages amount and interest accrual date.
- People v Hough2026 NY Slip Op 06534
The court struck probation conditions 10, 15, 22, 23, and 24 because they were not reasonably related to the defendant’s rehabilitation, such as imposing fees or requiring substance abuse testing without evidence of related offenses. The court affirmed the conviction and sentence otherwise, declining to review unpreserved constitutional and statutory challenges to other conditions.
- People v Kemp2026 NY Slip Op 06532
The court struck four probation conditions as not reasonably related to the defendant’s rehabilitation, including prohibitions on gang affiliation and requirements for drug, alcohol, and psychiatric treatment. The court affirmed the remaining aspects of the judgment, noting that the defendant’s valid appeal waiver foreclosed review of his excessive sentence claim and as-applied constitutional challenges.
- People v Lopez2026 NY Slip Op 06531
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, finding that the court providently exercised its discretion in denying a downward departure. The court determined that the mitigating factors cited by the defendant were adequately considered by the risk assessment instrument and did not warrant an exceptional response.
- People v Mendes2026 NY Slip Op 06530
The conviction for manslaughter in the first degree was affirmed because the defendant was not entitled to notice of the Grand Jury proceeding before arraignment and the Batson challenge failed. The jury’s verdict was supported by the evidence, including the defendant’s repeated statements of intent to kill and the inference drawn from the severity of the stabbing.
- Love v Chang Li Supermarket, Inc.2026 NY Slip Op 06527
The Appellate Division reversed the dismissal of the complaint against the out-of-possession landlord because it failed to establish it was not contractually obligated to repair the roof, which caused the puddle. The court affirmed the denial of summary judgment for the tenant supermarket because triable issues of fact remained regarding actual or constructive notice of the hazard.
- Latifaj v 1251 Ams. Assoc., LP2026 NY Slip Op 06526
The court affirmed the grant of contractual indemnification to ABM Security and ABM Onsite against Universal, finding that the Asset Purchase Agreement clearly shifted liability for the security business. However, the court modified the order to dismiss the cross-claim for contribution against Universal because it was found to be free from negligence as a matter of law.
- I.M. v Hospital for Special Surgery2026 NY Slip Op 06525
The Appellate Division reversed the lower court’s denial of summary judgment, granting the defendants’ motions and dismissing the complaint because the plaintiff failed to present admissible evidence of a triable issue of fact. The court found that the plaintiff’s expert lacked the requisite specialty to opine on the specific care provided, and the plaintiff’s theories were either not properly pled or unsupported by the record.
- Matter of Groovy Vibes, LLC v New York City Sheriff’s Office2026 NY Slip Op 06523
The Appellate Division reversed the lower court’s award of attorneys’ fees because the petitioner failed to assert any substantial federal constitutional claim in its CPLR article 78 petition. Since the petitioner only raised federal arguments after judgment in support of the fee motion, the court lacked authority to award fees under 42 USC § 1988.
- Matter of Davis v Oddo2026 NY Slip Op 06522
The Appellate Division affirmed the dismissal of the petition because documentary evidence proved the landlord had filed the required gas piping inspection certification, rendering the Department of Buildings’ decision not to enforce the law neither arbitrary nor capricious. The court also upheld the denial of discovery regarding the document’s metadata, finding the petitioner failed to demonstrate unusual circumstances or an ample need for such disclosure.
- Matter of City of New York v VYS 1535 LLC2026 NY Slip Op 06521
The Appellate Division modified the lower court’s judgment to vacate the personal money judgment against the property owner and instead direct foreclosure and sale of the property to satisfy the relocation lien. The court held that the City met its prima facie burden by submitting the relocation lien as proof of expenses, and the owner failed to address the reasonableness of those expenses in opposition.
- Brigham v Arnold2026 NY Slip Op 06520
The appellate court affirmed the dismissal of the plaintiff’s defamation claims as time-barred and dismissed the architectural malpractice and fraud claims due to a lack of privity and justifiable reliance. The court determined that the plaintiff’s prior adversarial litigation against the defendants negated any reasonable reliance on their representations.
- Anil v City of New York2026 NY Slip Op 06519
The Appellate Division reversed the lower court’s order compelling the deposition of a defendant named in his official capacity, finding the plaintiff failed to demonstrate the deposition was material and necessary to her claims. The court also dismissed the plaintiff’s cross-appeal for lack of aggrievement because the order below was decided in her favor.
- Ahmed v Choudhry2026 NY Slip Op 06518
The Appellate Division affirmed the dismissal of the complaint, finding that the plaintiff’s claims were time-barred and that equitable estoppel did not apply due to a lack of due diligence. The court further held that several causes of action, including civil embezzlement and attorneys’ fees, were not recognized as independent claims in New York.
Week ending October 31, 2026
Browse the week ending October 31, 2026
- 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.
- Ann Arbor Group LLC v Gherardi2026 NY Slip Op 06399
The Appellate Division affirmed the denial of the plaintiff’s CPLR 3213 motion for summary judgment in lieu of complaint because the service of the notice of motion was defective, depriving the court of jurisdiction. Additionally, the court found that even if jurisdiction existed, the plaintiff failed to establish entitlement to summary judgment due to unresolved questions of fact regarding the assignment of the note and guaranty.
- Whitaker v 1975-1983 Jerome Ave. Corp.2026 NY Slip Op 06398
The Appellate Division affirmed the denial of the defendant’s motion to vacate a default judgment because the motion was untimely and lacked a meritorious defense. The court also declined to review a service argument raised for the first time on appeal.
- Matter of B.B.V. v D.S.S., Jr., et al.2026 NY Slip Op 06397
The Family Court properly dismissed the custody petition filed by the biological mother for lack of standing. The court determined that the mother lacked standing because the child had already been placed in the care and custody of the Commissioner of Social Services for adoption purposes prior to the filing of the petition.
- Topilin v Island House Tenant Corp.2026 NY Slip Op 06396
The court reinstated the plaintiff’s claim for breach of the warranty of habitability, holding that a tenant’s failure to procure required insurance does not waive statutory rights under Real Property Law § 235-b. However, the court affirmed the dismissal of the plaintiff’s claims for breach of the proprietary lease and against the lender, finding the lease terms and loan documents governed those disputes.
- Schuster v Deckoff2026 NY Slip Op 06395
The court affirmed the dismissal of the plaintiff’s personal injury action for lack of personal jurisdiction because the plaintiff failed to establish proper substituted service. Additionally, the court denied the plaintiff’s cross-motion for an extension of time to serve the pleadings due to a lack of reasonably diligent efforts.
- Matter of Progressive Direct Insurance Company v Wilmar Cifuentes Vargas2026 NY Slip Op 06393
The Appellate Division reversed the permanent stay of arbitration, remanding the matter for a hearing to determine if physical contact occurred and if the 24-hour reporting requirement was met. The court found that conflicting evidence regarding the accident and the reporting compliance necessitated a framed issue hearing rather than a definitive stay.
- Peru v Peru2026 NY Slip Op 06392
The Appellate Division affirmed the lower court’s award of sole legal and primary physical custody to the mother, finding that the father’s refusal to accept the child’s autism diagnosis and his failure to provide a realistic educational plan were detrimental to the child’s best interests. The court determined that joint custody was inappropriate due to the acrimonious relationship between the parties and the father’s undermining behavior.
- People v Rodriguez2026 NY Slip Op 06391
The court affirmed the judgment, finding that the trial court properly denied the defendant’s motion to withdraw his guilty plea. The court also determined that the defendant’s claims regarding the waiver of self-incrimination and speedy trial rights were unpreserved for appellate review.
- People v Campbell2026 NY Slip Op 06390
The court vacated the specific expiration date of the order of protection because it was calculated without accounting for the defendant’s jail time credit. The matter was remanded for a new determination of the order’s expiration, while the protection itself remained in effect pending that decision.
- People v Feldman2026 NY Slip Op 06389
The court affirmed the conviction and sentence, finding that police had reasonable suspicion to stop the defendant and probable cause to arrest him after he pushed a detective and open warrants were discovered. The court also rejected the defendant’s Batson challenge and his CPL 440.20 motion to set aside the sentence based on recent federal precedent.
- Matter of Peers Business Inc. v Navios S. Am. Logistics Inc.2026 NY Slip Op 06387
The court reversed the lower court’s order continuing a temporary restraining order and dissolved the TRO because the petitioner participated in the arbitration proceedings, thereby waiving its right to seek a stay under CPLR 7503(b). The court held that the petitioner’s failure to seek judicial relief promptly, despite advice from a federal court, precluded it from avoiding arbitration.
- Matter of Wolk2026 NY Slip Op 06385
The court granted the Attorney Grievance Committee’s motion for interim suspension, finding that uncontroverted evidence of the attorney’s misappropriation of client funds and misrepresentations to the court constituted conduct immediately threatening the public interest. The attorney’s claimed good faith belief in his right to the funds did not controvert the bank records showing the funds were removed from the IOLA account while the dispute remained unresolved.
- Hofstra University, et al., Plaintiffs-Appellants-Respondents, v United Educators, Defendant-Respondent-Appellant.2026 NY Slip Op 06384
The term ‘funds’ in the insurance policy exclusion includes tuition and fees, but dismissal of the complaint is premature because the underlying class actions seek damages beyond the return of money paid. The insurer’s duty to pay defense costs is triggered because the underlying claims raise the possibility of coverage for other damages.
- Matter of Connolly v City of New York2026 NY Slip Op 06383
The court affirmed the denial of leave to file a late notice of claim because the petitioner failed to prove the City had actual knowledge of the essential facts of his claim or that the City was not prejudiced by the delay. Additionally, the petitioner failed to provide a reasonable excuse for the delay, as his claim of incapacity was contradicted by his own affidavit.
- Brigade Cavalry Fund Ltd. v Chirico2026 NY Slip Op 06382
The court dismissed the fraud claims based on financial projections due to a lack of justifiable reliance and adequate due diligence by the sophisticated investor. Additionally, the North Carolina Securities Act claim was dismissed to the extent it relied on financial projections, while the officer’s certificate claim failed for lack of sufficient scienter allegations.
- 901 Properties, LLC v Bear Glass Inc.2026 NY Slip Op 06380
The trial court properly excluded nonparty invoices from evidence because the plaintiff failed to provide supportive testimony regarding the nonparty’s business practices. Additionally, the court correctly found that the contract did not cover all windows, entitling the defendant to payment for the extra work performed.
- Ferguson v New Savoy Park II2026 NY Slip Op 06243
The Appellate Division affirmed the lower court’s decision to vacate a default judgment based on a reasonable excuse of law office failure and the submission of potentially meritorious defenses. Consequently, the court properly denied the plaintiff’s subsequent motion for entry of a money judgment.
- Vega v Archdiocese of New York2026 NY Slip Op 06270
The appeal was dismissed because the record lacked admissible evidence to support the appellant’s claims of attorney-client and work-product privileges. The court held that unsworn representations in appellate briefs are insufficient to establish the existence of these privileges for meaningful appellate review.
- Turner v Pride & Servs. El. Co. Inc.2026 NY Slip Op 06269
The court affirmed the dismissal of the plaintiff’s claims against CEMD as time-barred because service on a different entity was insufficient to confer jurisdiction. Additionally, the court affirmed summary judgment for Kone, noting that the purchase agreement excluded personal injury liability and that the plaintiff’s successor liability argument was not properly raised.
- Sigler v Baldan2026 NY Slip Op 06268
The court affirmed the dismissal of fraudulent conveyance and unjust enrichment claims but reversed the dismissal of the declaratory judgment claim, holding that the plaintiff’s security interest in the co-op shares survived the Florida sheriff’s sale and judgment. The court also remanded the motion to disqualify defense counsel for further proceedings.
- Shiwprasad v New York City Health & Hosps. Corp.2026 NY Slip Op 06267
The court affirmed the denial of summary judgment, finding that the plaintiff’s expert testimony created triable issues of fact regarding the standard of care and causation. The court held that the absence of a certificate of compliance for the expert’s affirmation was not a fatal defect.
- Santana v Emerald 85-87 Vermilyea, LLC2026 NY Slip Op 06266
The Appellate Division affirmed the summary judgment dismissing the plaintiff’s complaint because the defendants established they lacked actual or constructive notice of the defect. The plaintiff failed to raise a triable issue of fact, as his affidavits contradicted his deposition testimony and his post-filing allegations regarding handrails were untimely.
- Renaissance Midtown West LLC v Lividini & Company, LLC2026 NY Slip Op 06265
The dismissal of the landlord’s claims was affirmed because the landlord failed to provide the notice required by the lease before reentering and reletting the premises after the tenant vacated. Additionally, the claims for breach of guaranty and piercing the corporate veil were dismissed due to insufficient allegations and lack of documentary evidence.
- People v Garcia2026 NY Slip Op 06263
The court modified the judgment to vacate the conviction for criminal obstruction of breathing or blood circulation and dismiss that count to effectuate the plea bargain. The court affirmed the remaining conviction for strangulation in the second degree and declined to address the ineffective assistance claim.
- People v Eligio2026 NY Slip Op 06261
The court affirmed the conviction and sentence, holding that the defendant’s ineffective assistance of counsel claim regarding the gun licensing law’s constitutionality was unreviewable on direct appeal because it required matters outside the record. Additionally, the court found no ineffective assistance because the underlying constitutional claim was unavailing.
- People v Lee2026 NY Slip Op 06259
The court held that the sentencing court’s denial of defense counsel’s attendance at the presentence interview was an improvident exercise of discretion. Consequently, the sentence was vacated and the matter remanded for resentencing following a new presentence interview where defense counsel may appear.
- People v Bonilla2026 NY Slip Op 06257
The appellate court dismissed the appeal because the defendant’s challenges to a voluntary forfeiture agreement were not properly before the court, as the forfeiture was not part of the judgment of conviction. The court noted that the forfeiture was based on a voluntary settlement of a potential civil proceeding governed by the CPLR, rather than a criminal sentence.
- Pemberton v Liberty Ashes Inc.2026 NY Slip Op 06255
The Appellate Division affirmed the summary judgment dismissing the plaintiff’s complaint because the defendants established the plaintiff ran a red light and rode against one-way traffic. The court found the plaintiff’s expert opinions regarding the defendant’s marijuana use and speeding were speculative, conclusory, and contradicted by admissible GPS and video evidence.
- Oliveira v 5462th Realty LLC2026 NY Slip Op 06254
The court affirmed the grant of summary judgment on liability for the plaintiff’s Labor Law § 240(1) claim, finding that the plaintiff was struck by a falling beam and that the defendants failed to provide appropriate safety devices. The court determined that the defendants failed to raise a triable issue of fact regarding the cause of the accident or the adequacy of safety measures.
- NYCTL 1998-2 Trust v Bethelite Community Baptist Church2026 NY Slip Op 06253
The defendant lacked standing to challenge the validity of the assignments of the foreclosure bid because its rights were extinguished at the foreclosure sale. Additionally, the court properly granted a writ of assistance to a nonparty because RPAPL 221 allows any adversely affected person to bring such a motion.
- Matter of Spiegelman2026 NY Slip Op 06252
The court found the attorney guilty of professional misconduct for misappropriating client funds and committing fraud, applying collateral estoppel to the prior civil judgment. The attorney was immediately suspended from the practice of law pending a referee’s recommendation on the final sanction.
- Martinez v 561 W. 144 Realty LLC2026 NY Slip Op 06251
The court affirmed the denial of summary judgment because the defendant failed to establish that it lacked actual or constructive notice of the defective ceiling. The plaintiff’s testimony that building staff painted over visible mold created a triable issue of fact regarding the defendant’s knowledge of the defect.
- Laltitude LLC v Zhejiang Jiajiao Holdings Group Co., Ltd.2026 NY Slip Op 06249
The court reversed the lower court’s denial of a motion to dismiss for lack of personal jurisdiction, finding that the defendant’s attendance at a trade fair did not constitute purposeful activity or a substantial relationship to the breach of contract claim. The court determined that contacts occurring after the alleged breach cannot establish the defendant’s relationship with New York for jurisdictional purposes.
- Matter of L.R. v E.H.2026 NY Slip Op 06248
The Appellate Division affirmed the Family Court’s denial of the father’s request to keep his out-of-state address confidential, finding he failed to demonstrate an unreasonable risk to his safety. The court also upheld the limitation of the father’s visitation to New York until he disclosed his Nevada address, citing his financial circumstances and refusal to share travel costs.
- Matter of Hellman Elec. LLC v City of New York2026 NY Slip Op 06246
The DOT’s renewal of the contract without a specific fair-and-reasonable price determination was not arbitrary and capricious because the regulation only requires such a determination if applicable. The court found the DOT’s interpretation that the requirement applies only when there was no initial competitive bidding process to be rational.
- Matter of F.L.H. (A.G.L.)2026 NY Slip Op 06245
The Appellate Division affirmed the Family Court’s order excluding the respondent from the marital home and finding him guilty of second-degree harassment and reckless endangerment. The court determined that the respondent’s aggressive conduct and threats established a safety concern, justifying the exclusion order despite the parties’ prior living arrangements.
- Matter of Filipski v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06244
The Appellate Division affirmed the denial of the petition to annul the DHCR determination, finding that the landlord satisfied its burden of proving the legitimacy of individual apartment improvements (IAIs) through contractor affidavits and receipts. The court held that the tenant’s personal observations were insufficient to establish a fraudulent scheme to deregulate the apartment.
- Dupree v NewYork-Presbyterian Columbia Univ. Irving Med. Ctr.2026 NY Slip Op 06242
The court modified the lower court’s order to reinstate the plaintiff’s negligence and negligent hiring claims, finding that dismissal was too drastic a sanction for counsel’s failure to appear personally. The dismissal of the medical malpractice claim was affirmed because the plaintiff failed to submit necessary expert medical opinion evidence.
- Chirico v 3|5|2 Capital ABS Fund LLC2026 NY Slip Op 06241
The Appellate Division reversed the lower court’s dismissal, reinstating the complaint because the plaintiff sufficiently alleged entitlement to advancement of legal fees under the Fund Agreements. The court found that the indemnity clause explicitly continues coverage for former employees and that the plaintiff adequately alleged the underlying actions were not internal disputes.
- Brown v Parkchester Preserv. Mgt.2026 NY Slip Op 06240
The court affirmed the denial of summary judgment because the plaintiff raised triable issues of fact regarding whether a storm was in progress at the time of the fall. Additionally, the record presented unresolved questions about whether black ice existed prior to the storm and whether the defendant had constructive notice of the condition.
- Berko & Associates LLC v B. Jaffe Real Estate JV LLC2026 NY Slip Op 06239
The appellate court held that the plaintiff lacked standing to enforce the LLC Agreement because a no-third-party beneficiary clause barred enforcement by non-signatories, even if defined as affiliates. Consequently, the breach of contract claim was dismissed, but the quantum meruit claim was reinstated because factual issues remained regarding the reasonable value of services.
- Abuzaid v Almayouf2026 NY Slip Op 06238
The Appellate Division affirmed the lower court’s orders imposing discovery sanctions, including striking the defendant’s answer and awarding attorneys’ fees, due to her chronic noncompliance with discovery obligations. The court held that the defendant’s pro se status did not excuse her failure to comply with court orders or her obstruction of the discovery process.
Week ending October 24, 2026
Browse the week ending October 24, 2026
- Torres v Tinton Realty Group LLC2026 NY Slip Op 06233
The court affirmed the denial of summary judgment dismissing the plaintiff’s claims against the defendant because triable issues of fact existed regarding whether the defendant acted as the general contractor. However, the court modified the order to grant summary judgment dismissing the property owner’s cross-claims for common-law indemnification and contribution against the defendant.
- Williams v Dia2026 NY Slip Op 06232
The court affirmed summary judgment in favor of the plaintiff regarding liability against the defendant driver, finding him negligent as a matter of law, but reinstated the complaint against the other driver because the first driver’s negligence did not preclude comparative fault by the second. The court also held that the plaintiff raised a triable issue of fact on causation through her expert’s opinion.
- Weiss v Salgado2026 NY Slip Op 06231
The Appellate Division reversed the lower court’s denial of summary judgment, dismissing the complaint because the defendants met their prima facie burden of showing the treatment met the standard of care and the plaintiff failed to raise a triable issue of fact. The plaintiff’s expert opinions were deemed unsupported or contradicted by the medical records regarding the use of intravenous lines and monitoring procedures.
- Wilson Tang, etc., Plaintiff-Respondent, v Vincent Tang, Defendant-Appellant2026 NY Slip Op 06230
The Appellate Division affirmed the lower court’s finding of civil contempt, determining that the defendant failed to comply with a court order to add the plaintiff as an authorized representative on bank accounts and violated a settlement agreement by disparaging the plaintiff on social media.
- 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.
- Matter of R.S. v M.T.2026 NY Slip Op 06228
The Appellate Division reversed the Family Court’s denial of the mother’s motion to vacate a default custody order, finding that she demonstrated a reasonable excuse for her default and a meritorious defense. The court determined that the default order was improvidently entered given the mother’s safety concerns and the lack of sufficient evidence to determine the child’s best interests.
- Matter of L.S. v S.P.2026 NY Slip Op 06227
The Appellate Division affirmed the Family Court’s order of protection, finding that the petitioner established by a fair preponderance of the evidence that the respondent committed menacing in the third degree and harassment in the second degree. The court deferred to the Family Court’s credibility determinations, noting the ample opportunity for cross-examination and demeanor assessment during the hearing.
- Matter of R.R. v J.I.F.2026 NY Slip Op 06226
The Appellate Division affirmed the dismissal of the father’s petition for visitation with prejudice, finding that visitation was not in the child’s best interests due to the father’s history of abuse and poor conduct. The court determined that the father’s refusal to take responsibility for his actions and his threatening behavior toward the child’s attorneys justified the trial court’s decision.
- Matter of Pirov v Caban2026 NY Slip Op 06225
The Board of Trustees’ denial of accidental disability retirement benefits was supported by substantial credible evidence because the officer’s injury resulted from a risk inherent in his regular job duties rather than an accident. The court found it rational to conclude that the officer could have reasonably anticipated encountering uneven pavement while responding to emergencies.
- PF2 Sec. Evaluations, Inc. v Fillebeen2026 NY Slip Op 06224
The Appellate Division affirmed the denial of discovery sanctions, finding that the issues had already been resolved by a Special Referee and that the defendants’ conduct did not warrant sanctions. The court also rejected the argument for dismissal of counterclaims as a spoliation sanction due to insufficient evidence of destruction.
- People v Daly2026 NY Slip Op 06222
The Appellate Division affirmed the conviction and sentence, finding that the trial court properly admitted the surveillance video based on the totality of the evidence. The court determined that any uncertainty regarding the video’s authenticity went to its weight rather than its admissibility.
- People v Silver2026 NY Slip Op 06220
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, finding that the court properly declined to grant a downward departure. The court determined that the risk assessment instrument adequately accounted for the defendant’s mitigating factors, which were outweighed by the egregiousness of the underlying child abuse offense.
- People v Smith2026 NY Slip Op 06215
The court struck probation conditions requiring the defendant to support dependents, refrain from gang association, and pay mandatory surcharges, finding them not reasonably related to rehabilitation due to a lack of evidence of children or gang affiliation. The court affirmed the conviction and other probation conditions, noting that the defendant’s valid appeal waiver foreclosed review of his excessive sentence claim.
- People v D.M.2026 NY Slip Op 06212
The court affirmed the conviction but vacated the mandatory surcharge and crime victim assistance fee because the defendant was sentenced after the legislature repealed the statutory provisions authorizing such fees for youthful offenders. The court further held that the omission of a specific element during the plea allocution and the sequencing of trial rights discussions did not render the guilty plea invalid.
- People v Gregory2026 NY Slip Op 06211
The court affirmed the conviction for criminal possession of a weapon in the second degree, finding the evidence legally sufficient and not against the weight of the evidence. The court also upheld the denial of the suppression motion, determining that the defendant’s abandonment of the firearm constituted an intentional relinquishment of any privacy interest.
- People v Rodriguez2026 NY Slip Op 06209
The court affirmed the convictions and sentences, finding that the defendant’s valid waiver of the right to appeal foreclosed review of his challenges to the search warrant and excessive sentence. However, the court exercised its discretion in the interest of justice to vacate the surcharge and fees imposed at sentencing.
- Osei v Polanco-Puello2026 NY Slip Op 06207
The court affirmed the dismissal of the complaint because the plaintiff failed to establish a serious injury under Insurance Law § 5102(d). The plaintiff’s expert failed to provide a causation opinion regarding the MRI findings, which defeated both the permanent limitation and 90/180-day claims.
- Nunez v Hispanic Socy. of Am.2026 NY Slip Op 06206
The court granted the plaintiff’s motion for partial summary judgment on the Labor Law § 240(1) claim because he was working on an elevated work site without adequate safety devices. The court found that the defendant failed to raise an issue of fact regarding whether the plaintiff was the sole proximate cause of the accident.
- Mury v Fashion Inst. of Tech.2026 NY Slip Op 06204
The court affirmed the dismissal of the plenary action because the plaintiff’s claims were duplicative of the pending article 78 proceeding, which is the exclusive forum for challenging educational disciplinary determinations. The appellate court further held that the plaintiff’s failure to raise specific arguments on appeal regarding the merits of her claims resulted in those claims being deemed abandoned.
- Menkes v Menkes2026 NY Slip Op 06203
The Appellate Division affirmed the judgment directing that a home equity line of credit secured by the husband’s separate property be paid from the proceeds of the jointly owned marital residence. The court held that the debt incurred to acquire the marital residence is not transformed into a separate property obligation merely because it is secured by separate property.
- Medley Management Inc. v Lowenstein Sandler, LLP2026 NY Slip Op 06202
The Appellate Division affirmed the summary judgment dismissing the legal malpractice complaint, finding that the defendants’ advice was reasonable and that the plaintiff failed to demonstrate proximate cause or actual damages. The court determined that the plaintiff’s claims regarding the bankruptcy plan’s withdrawal and potential confirmation were speculative and insufficient to raise triable issues of fact.
- Maldonado v City of New York2026 NY Slip Op 06201
Summary judgment was properly granted because the plaintiff failed to raise a triable issue of fact regarding whether the City had prior written notice of the specific defect or affirmatively created it. The City’s records showed no written complaints about the specific bump, and photographs of other nearby defects did not constitute a written acknowledgment of the injury-causing condition.
- Federal Natl. Mtge. Assn. v Hartsfield2026 NY Slip Op 06199
The court affirmed the dismissal of the foreclosure action because the plaintiff failed to take proceedings for entry of judgment within one year after the defendant’s default, as required by CPLR 3215(c). The plaintiff was judicially estopped from arguing the defendant did not need to answer the amended complaint, and the defendant did not waive her right to seek dismissal by participating in the litigation.
- Denson v Donald J. Trump for President, Inc.2026 NY Slip Op 06197
The Appellate Division reversed the lower court’s grant of summary judgment dismissing the plaintiff’s retaliation claim, finding that the defendant’s arbitration filing raised triable issues of fact regarding whether the action was pretextual. The court determined that inconsistencies in the defendant’s stated reasons and the arbitrary nature of the damages demand allowed a jury to conclude the arbitration was motivated by retaliatory animus.
- Matter of Debnam v Metropolitan Transp. Auth.2026 NY Slip Op 06196
The Appellate Division affirmed the dismissal of the petition because the petitioner failed to exhaust administrative remedies by not properly submitting FOIL requests through the MTA’s designated channels. Additionally, the motion for default judgment was properly denied because it was filed while the MTA’s cross-motion to dismiss was still pending.
- Colliers Intl. NY LLC v City Hall Commons LLC2026 NY Slip Op 06195
The Appellate Division affirmed summary judgment for the broker, holding that a lease renewal agreement between the landlord and tenant that explicitly named the broker as exclusive and obligated the landlord to pay fees created a binding obligation to pay the commission. The court rejected the landlord’s argument that the lack of a separate brokerage agreement negated this express obligation.
- Chan v Fraley2026 NY Slip Op 06194
The Appellate Division reversed the lower court’s denial of additional interim counsel fees, finding that the trial court improvidently exercised its discretion given the economic disparity between the parties. The court awarded an additional $10,000 in counsel fees to the plaintiff, noting that the previous award was inexplicably low considering the defendant’s dilatory behavior and the plaintiff’s financial burden.
- Matter of American Tr. Ins. Co. v Midland Pharm. Yonkers Corp.2026 NY Slip Op 06193
The Appellate Division modified the lower court’s order to affirmatively confirm the arbitration award and remanded the matter to fix the amount of attorneys’ fees owed to the respondent. The court held that the respondent was entitled to fees under Insurance Law § 5106(a) and that the trial court must review evidence to set a reasonable fee or determine it in its discretion if evidence is insufficient.
- United States Fire Insurance Company et al. v Michael Palin et al.2026 NY Slip Op 06080
The appeal was dismissed as taken from a nonappealable paper because an order declining to sign an order to show cause is an ex parte order that does not decide a motion made on notice. The court also declined to grant leave to appeal in the interest of justice, finding that the plaintiffs’ expenditure of resources to perfect the appeal did not constitute a unique circumstance warranting such relief.
- Matter of Troise v Marchiano2026 NY Slip Op 06079
The court affirmed the denial of a petition to annul an OATH determination, holding that mandamus is not appropriate to compel the processing of document requests in a specific manner when the agency’s redirection of requests and added requirements constitute discretionary acts rather than ministerial duties. The court found that OATH’s decision to require submissions to a dedicated email address and proof of entitlement was supported by a rational basis and was not arbitrary or capricious.
- Stabile v Dragonetti Bros. Landscaping Nursery & Florist, Inc.2026 NY Slip Op 06078
The Supreme Court properly granted class certification because the worker affirmations sufficiently demonstrated that common questions of law and fact predominated regarding the systematic failure to pay prevailing wages. The court held that individualized determinations of whether specific landscaping tasks constituted construction-like labor do not defeat commonality at the certification stage.
- Sanchez-Rodriguez v Bruce2026 NY Slip Op 06077
The Appellate Division reversed the lower court’s grant of summary judgment because the plaintiff raised triable issues of fact regarding which vehicle was required to yield the right of way. The conflicting testimony and the obstruction caused by a third-party truck prevented a conclusive determination of liability as a matter of law.
- Matter of People ex rel. Magee v Maginley-Liddie2026 NY Slip Op 06073
The Appellate Division affirmed the denial of a habeas corpus petition, holding that the period between arraignment and the pretrial motion deadline was excludable from speedy trial calculations under CPL 30.30(4)(a). The court determined that the motion schedule was not a sua sponte adjournment requiring consent, but rather a reasonable delay for pretrial motions based on defense counsel’s representations.
- People v Letang2026 NY Slip Op 06072
The conviction for criminal possession of a controlled substance was affirmed because the evidence was not against the weight of the evidence and the trial court properly admitted the narcotics despite chain of custody gaps. The court also properly precluded evidence of prior sales by another person and denied the motion to reopen the Mapp hearing based on conclusory allegations.
- People v Oquendo2026 NY Slip Op 06071
The court affirmed the defendant’s sentences, holding that he waived his argument regarding jury determination of tolling periods by freely admitting to them in the offender statements. Additionally, the court determined that the federal decision in Erlinger does not apply to New York’s tolling provisions.
- People v Gray2026 NY Slip Op 06070
The judgment convicting the defendant of scheme to defraud in the first degree is affirmed because the People proved beyond a reasonable doubt that the court had territorial jurisdiction. The defendant’s admission during plea allocution that he consigned stolen items to be sold in a New York auction house satisfied the jurisdictional requirements.
- People v Mercado2026 NY Slip Op 06069
The court affirmed the conviction, holding that the defendant’s Miranda waiver was valid and not limited to the specific subject of the bench warrant arrest. Additionally, the court found no due process violation in the curtailment of questioning regarding police deception, as the officers were lawfully permitted to question the defendant on the present charges despite his right to counsel attaching to unrelated charges.
- Matter of Patterson v City of New York2026 NY Slip Op 06068
The Supreme Court properly denied the petitioner’s motion to renew because he failed to present new evidence that would alter the prior dismissal of his article 78 petition. A finding by another court that the petitioner resigned rather than was terminated does not constitute new evidence sufficient to change the outcome of the prior decisions.
- Matter of S.B.N. (J.N.)2026 NY Slip Op 06067
The court affirmed the termination of the mother’s parental rights, finding that clear and convincing evidence established her inability to provide proper care due to mental illness. The expert’s opinion was deemed competent despite the lack of direct observation of the mother’s interactions with the children.
- Mema v Procida Constr. Corp.2026 NY Slip Op 06066
The court affirmed the denial of summary judgment on Labor Law § 200 and common-law negligence claims because the defendant failed to establish a lack of supervisory control. However, it reversed the grant of partial summary judgment on the Labor Law § 240(1) claim, finding that the plaintiff’s testimony regarding a wet floor created a triable issue of fact regarding causation.
- Mella v Russian Samovar, Inc.2026 NY Slip Op 06065
The out-of-possession landlord was not contractually obligated to maintain the lighting, which was not a structural defect, and was entitled to summary judgment on its cross-claim for contractual indemnification. The plaintiff’s expert evidence was insufficient to raise a triable issue of fact regarding the proximate cause of the accident.
- IKB International S.A. in Liquidation et al. v Morgan Stanley et al.2026 NY Slip Op 06064
The court affirmed the exclusion of evidence regarding collateral characteristics and securitizations not specifically alleged in the complaint, finding that such evidence would prejudice the defendants. Additionally, the court dismissed the appeal from the consent order because the plaintiffs were not aggrieved by the dismissal of their own complaint.
- Gonzalez v Chatsworth Bldrs. LLC2026 NY Slip Op 06063
The court modified the lower court’s order to deny the plaintiff’s motion for summary judgment on liability under Labor Law § 240(1) because the defendants raised a triable issue of fact regarding the occurrence of the accident and the causal relationship of the injuries. The defendants’ evidence, including witness statements and expert medical opinions, was sufficient to preclude summary judgment.
- Matter of E.V. v M.L.P.2026 NY Slip Op 06062
The Appellate Division affirmed the denial of the father’s petition for custody modification, finding that the child’s best interests were served by remaining in the mother’s primary custody. The court modified the contempt fine to $250 because the lower court failed to find actual loss or injury, and remanded the matter to determine the father’s reasonable counsel fees.
- Cura Found. v Shaya2026 NY Slip Op 06061
The court held that the promissory note was an instrument for the payment of money only under CPLR 3213, permitting summary judgment in lieu of complaint. The defendant’s defenses of fraud and breach of the underlying pledge agreement were insufficient to defeat the motion because the note contained an unconditional payment clause and the alleged fraud was legally insufficient.
- Matter of C.P. v D.H.2026 NY Slip Op 06060
The Appellate Division affirmed the Family Court’s order granting the father primary physical custody, finding a change in circumstances and that the best interests of the children were served by the modification. The court relied on evidence of poor hygiene, dental care, and school attendance in the mother’s care, as well as credible testimony regarding domestic violence witnessed by the children.
- Alesco Preferred Funding VIII, Ltd. v ACP Re, Ltd.2026 NY Slip Op 06059
The court granted summary judgment dismissing claims against defendants for breach of indenture, common-law successor liability, alter ego, tortious interference, fraud, and breach of fiduciary duty. It held that unrebutted expert testimony established the defendants were not contractual successors, and that New York law did not apply to the common-law successor liability claim against ACP Re due to minimal Bermuda contacts.
- 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
Browse the week ending October 17, 2026
- Wilmington Savings Fund Society, etc., Plaintiff-Appellant, v David Lopez, Jr., etc., et al., Defendants-Respondents.2026 NY Slip Op 06037
A property owner who is not the original borrower lacks standing to raise defenses based on the lender’s failure to comply with RPAPL 1304 or contractual pre-foreclosure notice requirements. Such defenses are personal to the original borrower and cannot be asserted by a transferee or heir who is a stranger to the note and mortgage.
- Waterworks Operating Co., LLC v 514 W. 24th Owner LLC2026 NY Slip Op 06036
The court vacated the judgment and remanded the case for further proceedings on damages because the plaintiff failed to meet its prima facie burden of establishing delivery of all materials required by the contract. The court held that evidence submitted in reply papers without an opportunity for rebuttal must be disregarded.
- Sowah v Oueteouakam2026 NY Slip Op 06035
The Appellate Division affirmed the summary judgment dismissing the complaint because the plaintiff failed to demonstrate a serious injury to her cervical and lumbar spine under Insurance Law § 5102(d). The plaintiff’s experts did not sufficiently address or rule out the chronic, degenerative changes identified by the defendant’s expert radiologist as the cause of her symptoms.
- Sarante v Courtlandt Dev. LLC2026 NY Slip Op 06034
The Appellate Division affirmed the denial of defendants’ motion to compel a further deposition of the plaintiff after the note of issue was filed. The court found that defendants failed to demonstrate unusual and unanticipated circumstances warranting post-note of issue discovery based on unproven allegations in unrelated actions.
- RBL Bank Limited v Veria Lifestyle Inc., et al.2026 NY Slip Op 06033
The court affirmed the summary judgment in favor of the plaintiff, holding that the foreign bank’s sporadic dealings did not constitute doing business in New York, thus exempting it from registration requirements. Additionally, the defendants waived the Banking Law defense by failing to plead it initially and by not appealing the denial of their motion to amend.
- Matter of S.R. v E.C.2026 NY Slip Op 06032
The Appellate Division affirmed the dismissal of the mother’s petition to modify custody because her testimony failed to demonstrate a material change in circumstances. Obtaining a larger apartment and growing closer to the children did not establish a need to alter the existing custody arrangement for the children’s best interests.
- People v Burton2026 NY Slip Op 06027
The court affirmed the conviction and sentence, rejecting the defendant’s claim that a minor overstatement of his maximum potential penalty rendered his guilty plea involuntary. However, the court vacated the surcharges and fees imposed at sentencing as a matter of discretion in the interest of justice.
- People v James2026 NY Slip Op 06026
The conviction for disorderly conduct was affirmed because the evidence was legally sufficient and not against the weight of the evidence, particularly regarding the defendant’s aggressive confrontation with police. The court rejected the defendant’s claims of prosecutorial misconduct and Brady violations, finding them unpreserved or unsupported by the record.
- People v Canty2026 NY Slip Op 06025
The Appellate Division affirmed the SORA court’s decision to adjudicate the defendant a level two sexually violent offender, finding no abuse of discretion in denying a downward departure. The court determined that the defendant’s treatment participation and other mitigating factors did not outweigh the egregiousness of the underlying offenses.
- People v Williams2026 NY Slip Op 06024
The court affirmed the conviction, noting that the defendant validly waived his right to appeal, which forecloses review of the suppression decision. Alternatively, the court held that the defendant lacked standing to challenge the search because he had no expectation of privacy in the apartment.
- People v Ortega2026 NY Slip Op 06022
The court affirmed the judgment and declined to review unpreserved challenges to probation conditions, finding them reasonably necessary and appropriate given the defendant’s history of substance abuse and the victim’s order of protection. The court also denied the request to modify the jurisdictional condition to allow visits to the defendant’s son, who lives with the protected victim.
- People v Tracey2026 NY Slip Op 06021
The court modified the judgment to vacate the mandatory surcharge and fees imposed on the defendant at sentencing. This relief was granted based on the court’s own interest of justice powers, noting that the People did not oppose the action.
- People v Henriques2026 NY Slip Op 06019
The conviction was affirmed because the defendant was not deprived of his right to testify before the grand jury, as the prosecutor offered a new grand jury and voted on remaining counts after the defendant declined to testify. Additionally, the defendant waived his challenge to the jury instructions by explicitly approving them and failing to object, and the court found no basis to reduce the sentence.
- Parker v 66 St. Nicholas Place, LLC2026 NY Slip Op 06016
The court modified the lower court’s order to direct the joinder of the new owner as a defendant rather than substituting them for the former owner. This modification was necessary because substitution would prejudice the plaintiff by requiring discovery from a nonparty regarding the prior owner’s willful conduct.
- Matter of Panasia Estate, Inc. v 29 W. 19 Condominium2026 NY Slip Op 06015
The Supreme Court properly awarded attorneys’ fees to the respondent under RPAPL 881, as the American rule does not preclude such awards to respondents who are haled into court for the petitioner’s sole benefit. A prevailing party determination is not required for these fee awards, and recent statutory amendments do not affect the court’s discretion in this regard.
- Matter of Sokolski2026 NY Slip Op 06014
The court affirmed the finding of professional misconduct for failure to maintain bookkeeping records, rejecting the argument that rule 1.15(d) applies only to the attorney who personally conducts transactions. The court imposed a three-month suspension, determining that the respondent’s prolonged neglect of fiduciary duties despite warning signs warranted a sanction more severe than the recommended public censure.
- Matter of McCollum2026 NY Slip Op 06013
The court granted the Attorney Grievance Committee’s motion for interim suspension, finding that the respondent’s sworn admissions of professional misconduct and her persistent failure to comply with lawful demands warranted immediate suspension. The court determined that the respondent’s lack of cooperation and failure to substantiate claimed health issues supported the finding of conduct immediately threatening the public interest.
- Matter of J.M. v N.R.2026 NY Slip Op 06012
The Appellate Division affirmed the Family Court’s orders awarding the fathers sole legal and physical custody of the children, finding the decision had a sound and substantial basis in the record. The court determined that the fathers were better able to provide a stable home and that joint custody was inappropriate due to mistrust and lack of communication between the parents.
- Lee v Zeitlin2026 NY Slip Op 06010
The court affirmed summary judgment for plaintiffs on breach of contract and account stated claims, finding defendants failed to fulfill contractual obligations without valid offset or mitigation defenses. The court also affirmed the denial of summary judgment on defendants’ counterclaim for breach of the implied covenant of good faith and fair dealing as premature due to pending discovery.
- Latazela v Compass Six Owner LLC2026 NY Slip Op 06009
The court affirmed the grant of partial summary judgment to the plaintiff on Labor Law §§ 240(1) and 241(6) claims, finding that the plaintiff’s fall from a moving scaffold without proper anchor points or guardrails established a prima facie case. The court rejected the defendants’ arguments that the plaintiff was the sole proximate cause of his injuries or that expert biomechanical evidence raised a triable issue of fact.
- Matter of Ak.D.L.M. (J.J.M.)2026 NY Slip Op 06008
The Appellate Division affirmed the termination of the father’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence that he failed to plan for the children’s future. The court noted that the father failed to consistently visit or complete necessary services despite the agency’s diligent efforts to facilitate his service plan.
- Kocher v Mount Sinai Hosp.2026 NY Slip Op 06007
The court granted the plaintiff’s cross-motion for summary judgment on the City HRL claim for failure to engage in a cooperative dialogue, while denying both parties’ summary judgment motions on the reasonable accommodation claims under both the State and City HRLs.
- Matter of A.K. v P.C.2026 NY Slip Op 06005
The Appellate Division affirmed the Family Court’s award of sole legal and physical custody to the mother, finding that visitation with the father was not in the child’s best interests due to prior family offenses and the father’s lack of accountability. The court also noted that the child’s expressed wish against visitation was properly considered as a factor in the best interests analysis.
- Matter of S.N.C. also known as S.N.G. An Alleged Incapacitated Person v Michael Goldman2026 NY Slip Op 06004
The Appellate Division affirmed the revocation of a power of attorney because the agents breached their fiduciary duties by paying themselves without proper documentation and mismanaging the incapacitated person’s accounts. The court rejected the argument that the power of attorney remained valid solely because the principal was competent when it was executed, citing statutory language to the contrary.
- Hall v Trustees of Columbia Univ. in the City of N.Y.2026 NY Slip Op 06003
The Appellate Division affirmed the lower court’s protective order limiting the third-party observer at the plaintiff’s neuropsychological examination to a licensed clinical psychologist. The court found that the presence of the plaintiff’s attorney would prevent the expert from conducting a meaningful examination.
- Gonzalez v Country Manor Apts.2026 NY Slip Op 06002
The Appellate Division affirmed the dismissal of the plaintiff’s amended complaint because the statute of limitations had expired before the actual property owners were joined as parties. The court found that the plaintiff failed to demonstrate good cause for an extension of time to serve process due to a lack of reasonably diligent efforts to identify the correct defendants.
- Matter of Guralny2026 NY Slip Op 06001
The court affirmed the lower court’s order declaring the lifetime trust null and void because no assets were transferred to it during the decedent’s life. Consequently, the estate must be distributed pursuant to intestacy laws rather than the trust’s directives.
- Dalessandro v Dalessandro2026 NY Slip Op 06000
The Appellate Division reversed the lower court’s denial of a motion for leave to serve a late answer, finding that the delay was short, caused by reasonable law office failure, and did not prejudice the plaintiff. The court emphasized the strong public policy favoring the resolution of cases on their merits.
- City of New York v Heritage Health & Hous., Inc.2026 NY Slip Op 05998
The court affirmed the denial of motions to dismiss, determining that the agreements at issue were licenses rather than leases because they contained broad termination rights and prohibited assignment. Consequently, the defendants were not entitled to the notice requirements applicable to terminating a tenancy.
- BFAM Asian Opportunities Master Fund, LP v Glory Health Indus. Ltd.2026 NY Slip Op 05997
Beneficial owners of notes held through a clearing system have standing to sue based on STAC letters and clearing policies, even if not direct holders. A Chinese law making performance impossible does not excuse performance under a New York law-governed contract lacking a force majeure clause.
- Matter of Wells Fargo Bank, N.A. v Papailias2026 NY Slip Op 05922
The Appellate Division affirmed the summary judgment in favor of the plaintiff, finding that the plaintiff adequately established the defendant’s default, compliance with statutory notice requirements, and standing. The court also affirmed the dismissal of the defendant’s affirmative defenses, deeming them refuted, conclusory, or abandoned.
- Vera v BH Broadway Owner LLC2026 NY Slip Op 05921
The court affirmed the denial of the motion to dismiss the Dram Shop Act claim as asserted by the plaintiff in her individual capacity for loss of support. However, the court modified the order to dismiss the claim insofar as it was asserted on behalf of the decedent’s estate, as the statute does not allow the intoxicated person or their estate to sue for injuries resulting from their own intoxication.
- People v Soto2026 NY Slip Op 05918
The court modified the judgment to vacate the specific expiration date of the order of protection because it was incorrectly calculated based on the wrong conviction and without accounting for jail time credit. The matter was remanded for a new determination of the order’s duration, while the order itself remains in effect pending that determination.
- People v Anaya2026 NY Slip Op 05913
The court affirmed the denial of the defendant’s petition to modify his sex offender classification, finding that mitigating factors were outweighed by the seriousness of the offense and recidivism. The defendant failed to establish that his age, health, or family support reduced his likelihood of reoffense.
- Mitchell v Pullman SST, Inc.2026 NY Slip Op 05912
The court affirmed the grant of partial summary judgment on a Labor Law § 240(1) claim, finding that the plaintiff’s injury resulted from efforts to prevent a heavy beam from falling, which constitutes a covered gravity-related risk. The court also rejected the defendants’ sole proximate cause defense, determining that the plaintiff’s instruction to stop lifting was consistent with established company practice.
- Jacober v Madan2026 NY Slip Op 05911
The court affirmed the dismissal of the plaintiffs’ claims, finding that the complaint failed to plead fraudulent and negligent misrepresentation with sufficient particularity and that the transaction was not consumer-oriented under General Business Law § 349. Consequently, the claim against MassMutual based on respondeat superior also failed because the underlying claims against the brokers were properly dismissed.
- Matter of J.J. (M.D.)2026 NY Slip Op 05910
The Appellate Division affirmed the Family Court’s summary judgment finding that the mother neglected the children by behaving aggressively and waving a lighter near an oxygen tank in their presence. The court also held that the change of permanency goal to adoption was not properly before the court or was moot, and found no basis to disturb the best interest determination.
- Iken v Bohemian Brethren Presbyt. Church2026 NY Slip Op 05909
The Appellate Division affirmed a jury verdict awarding damages to a tenant for a landlord’s breach of lease duties to clear building violations and install a fire alarm system, which prevented the tenant from operating a preschool. The court rejected the landlord’s arguments that the rent abatement was the exclusive remedy and that the lost profits were speculative or barred by a lease provision limiting recovery to the building’s estate.
- Ho v Star Contrs., Inc.2026 NY Slip Op 05908
The court granted summary judgment to the plaintiffs on their breach of contract claim, finding that the defendants repudiated the contract by demanding additional payment and abandoning the project. Additionally, the court reversed the lower court’s decision to preclude plaintiffs from testifying at trial, deeming the sanction an improvident exercise of discretion.
- 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.
- Matter of C.J.C. (O.G.)2026 NY Slip Op 05906
The Appellate Division affirmed the termination of the mother’s parental rights, finding that clear and convincing evidence established her mental illness prevented her from caring for the child. The court held that the expert’s opinion was competent despite the lack of direct observation of the mother-child interaction or recent medical records.
- De Souza v 4720 Third Ave LLC2026 NY Slip Op 05905
The court granted the plaintiff partial summary judgment on his Labor Law § 240(1) claim, finding that he fell from an unsecured ladder and that his alleged negligence did not bar recovery. The court dismissed the plaintiff’s Labor Law § 241(6) claim as academic in light of the summary judgment determination on the § 240(1) claim.
- Castleman v Interactive Brokers LLC2026 NY Slip Op 05904
The in pari delicto doctrine bars a federal equity receiver from suing a third party for negligence or aiding and abetting breach of fiduciary duty because the receiver stands in the shoes of the wrongdoing corporation. The adverse interest exception does not apply because the wrongdoer was the sole owner of the entity at the time of the misconduct.
- C.P. v D.M.2026 NY Slip Op 05903
The Appellate Division reversed the lower court’s award of interim post-judgment counsel fees because the record lacked a required determination that the defendant was the less monied spouse. Additionally, the court vacated the order requiring the plaintiff to pay fifty percent of the forensic evaluator’s retainer, finding no substantially changed circumstances to justify the expense.
- Cutter v Bayard’s Ale House2026 NY Slip Op 05902
The court affirmed the denial of summary judgment to an out-of-possession landlord because the lease granted a right of reentry for repairs and the plaintiff raised factual issues regarding specific statutory design safety violations. Additionally, the landlord’s cross-claim for contractual indemnification was properly denied because the tenant’s liability had not yet been established to trigger the indemnification duty.
- Alterman v Alterman2026 NY Slip Op 05901
The Supreme Court properly awarded a charging lien to the law firm because the defendant failed to demonstrate attorney misconduct or timely object to the fees. The court also correctly retained jurisdiction to determine the lien despite the husband’s death because the defendant’s right to a distributive award had already vested.
Week ending October 10, 2026
Browse the week ending October 10, 2026
- Wims v River Park Bronx Apts., Inc.2026 NY Slip Op 05869
The court affirmed summary judgment for the plaintiff, finding that the defendants had actual notice of a wall leak and failed to properly remedy the condition. The court rejected the defendants’ argument that the plaintiff’s prior blocking of access proximately caused the injury, noting that the plaintiff had vacated the apartment to allow access.
- Vinasco v Kuzam2026 NY Slip Op 05868
The Appellate Division affirmed the dismissal of the plaintiff’s complaint, finding that defendants established prima facie that the plaintiff did not suffer a serious injury as defined by Insurance Law § 5102(d). The court held that the plaintiff failed to raise a triable issue of fact because her medical records were unaffirmed and she failed to offer an expert opinion to the contrary.
- Robles v Fordham Valentine Assoc. LLC2026 NY Slip Op 05867
The court modified the lower court’s order to grant summary judgment dismissing the cross-claim for contribution and common-law indemnification as abandoned, while affirming the denial of summary judgment on the contractual indemnification claim. The court found that factual issues remained regarding whether the plaintiff’s injury arose out of the carpentry work, potentially triggering the indemnification clause.
- People v Gram2026 NY Slip Op 05861
The conviction is affirmed because the court providently exercised its discretion in rejecting the plea agreement, despite finding the waiver of the right to appeal invalid due to defects in the oral colloquy. The defendant’s due process claim regarding the plea violation inquiry was unpreserved and rejected on the merits.
- M.P. v Cosby2026 NY Slip Op 05859
The court reversed the lower court’s denial of a motion to dismiss, holding that the plaintiff failed to state a claim for negligent hiring, retention, and supervision against the employer. The complaint did not allege that the employer’s property or resources were used to commit the tortious acts, but rather only to facilitate the initial meeting and grooming process.
- Mt. Arlington BH Invs. v Mt. Arlington Equity Invs. LLC2026 NY Slip Op 05858
The Appellate Division affirmed summary judgment in favor of the plaintiff, finding that the plaintiff established entitlement under CPLR 3213 by submitting the executed note and evidence of default. The court rejected the defendants’ claim that the loan was never disbursed, noting that the note’s language of ‘for value received’ undermined their speculation.
- Mandart v Small Bone Innovations, Inc.2026 NY Slip Op 05857
The Appellate Division reversed the trial court’s denial of the plaintiff’s motion to extend the note of issue deadline, finding that the lower court improvidently exercised its discretion. The court determined that the plaintiff established good cause for the extension due to delays in discovery that were not willful but resulted from legitimate difficulties and the defendant’s own actions.
- Malina v 158 Mgt. LLC2026 NY Slip Op 05856
The court affirmed the summary judgment declaring the apartment rent stabilized because the defendants failed to properly deregulate the unit and could not establish a triable issue of fact regarding individual apartment improvements. The legal regulated rent was set at the last reliable registered stabilized rent due to the defendants’ failure to file proper and timely registrations.
- Kapitus Servicing, Inc. v Southern Source, Inc.2026 NY Slip Op 05855
The Appellate Division affirmed the denial of the motion to vacate a default judgment, finding that defendants had actual notice of the action despite potential notary defects. Additionally, the court held that defendants failed to establish a usury defense because they did not prove the underlying agreement was a loan with a finite term.
- Iberdrola Energy Projects v Oaktree Capital Mgt., L.P.2026 NY Slip Op 05854
The court affirmed the dismissal of the plaintiff’s fraud claims because the plaintiff failed to plead detrimental reliance on misrepresentations collateral to the contract, as the alleged inducement involved pre-existing contractual obligations. Additionally, the plaintiff’s renewed challenges to the enforceability of the work-pending-dispute and nonrecourse provisions were barred by the law of the case doctrine.
- Matter of T.G. (T.G.)2026 NY Slip Op 05852
The Appellate Division affirmed the Family Court’s order denying the mother’s application for the return of her children pending a neglect fact-finding hearing. The court found that leaving the children alone for two hours posed an imminent risk to their life or health that could not be mitigated by reasonable efforts.
- City of New York v Exxon Mobil Corp.2026 NY Slip Op 05851
The court affirmed the dismissal of the City’s claims, holding that the alleged product greenwashing statements were not deceptive because they were comparative and the public is already aware that fossil fuels contribute to climate change. Additionally, the corporate greenwashing claims failed because the statements were not made in connection with the sale or offering for sale of consumer goods or services, which is required under the City’s Consumer Protection Law.
- Chen v Chen2026 NY Slip Op 05850
The Appellate Division affirmed the lower court’s denial of a final order of protection, finding that the plaintiff failed to prove by a preponderance of the evidence that the defendant committed the family offenses of harassment and menacing. The court determined that the plaintiff’s partial recording did not corroborate her allegations of threats and that the defendant’s use of foul language did not rise to the level of the alleged offenses.
- C.S. v R.H.2026 NY Slip Op 05849
The Appellate Division held that assets held in valid, irrevocable trusts for third-party beneficiaries are not subject to equitable distribution, even if the grantor retains administrative powers or tax ownership. The court vacated the trial court’s inclusion of trust assets in the marital estate and remanded the case for recalculation of the distribution of non-trust assets.
- Bank of N.Y. Mellon v Edwards2026 NY Slip Op 05848
The plaintiff satisfied its prima facie burden of standing by annexing a note endorsed in blank to the complaint. The plaintiff also established compliance with RPAPL 1304 through an affidavit from a document verification specialist and attached USPS tracking records.
- Matter of Group US Mgt. LLC v James2026 NY Slip Op 05754
The court affirmed the denial of a petition to quash a non-judicial subpoena, finding that the requested documents concerning out-of-state restaurants bore a reasonable relationship to the investigation due to the petitioner’s use of New York-based entities and addresses. The Attorney General was authorized to enforce state consumer protection laws on behalf of out-of-state residents where New York addresses were used to facilitate deceptive transactions.
- Wong v Wong2026 NY Slip Op 05753
The judgment was reversed and the matter remanded for a new trial because the trial court improperly allowed evidence and argument regarding a prior owner’s status, which contradicted the law of the case. The court found that the late curative instructions were ineffective and that the improper evidence likely played a substantial role in the jury’s decision.
- Wiggins v State of N.Y. Mtge. Agency2026 NY Slip Op 05752
The court affirmed the dismissal of the plaintiff’s action seeking to unwind a foreclosure sale of cooperative shares, holding that such relief is unavailable once a sale has occurred under UCC article 9. This rule applies equally to residential and commercial properties, regardless of whether the purchaser was the defendant or a third party.
- Vasquez v Uber Tech. Inc.2026 NY Slip Op 05751
The court affirmed the summary judgment dismissing the plaintiff’s claims because she failed to establish a serious injury as defined by Insurance Law § 5102(d). The plaintiff’s expert testimony was insufficient to raise an issue of fact regarding causation due to a significant delay in examination and failure to address contrary expert opinions.
- Santander Bank, N.A. v NY Business Holdings Inc.2026 NY Slip Op 05750
The Appellate Division affirmed the grant of summary judgment for breach of lease and guaranty, finding the plaintiff established its prima facie entitlement and the defendants failed to raise triable issues of fact. The court also affirmed the denial of leave to amend the answer to assert a forgery defense, deeming the proposed amendment patently devoid of merit given the defendants’ payment history.
- Rifkin v Lubcher2026 NY Slip Op 05749
The Appellate Division modified the lower court’s order to compel the production of specific billing worksheets, invoices, deposit slips, and a client list relevant to an accounting action. The court affirmed the denial of requests for documents not previously requested or deemed irrelevant to the accounting dispute.
- People v Adams2026 NY Slip Op 05745
The court modified the judgment to strike the probation condition requiring the defendant to pay a surcharge and fees, finding it not reasonably related to rehabilitation. The remainder of the judgment was affirmed, and the court declined to reduce the sentence despite an invalid waiver of appeal.
- People v O’Connor2026 NY Slip Op 05743
The court affirmed the denial of the defendant’s petition to modify his sex offender classification, finding that the conditions had not changed sufficiently to warrant a modification of his risk level three status. The court determined that the defendant’s mitigating factors were largely present at the initial adjudication and did not outweigh the seriousness of his underlying conviction and history of repeated sexual misconduct.
- People v Tolbert2026 NY Slip Op 05741
The court affirmed the judgment, holding that the defendant’s waiver of appeal was valid despite procedural irregularities and the omission of specific notice regarding appellate counsel. Consequently, the waiver foreclosed review of the excessive sentence claim and constitutional challenges to the probation conditions.
- People v Lantigua2026 NY Slip Op 05739
The conviction for unlawful surveillance in the second degree was affirmed because the evidence legally supported that the defendant acted surreptitiously and the victim was under clothing. The court also found no prosecutorial misconduct and no abuse of discretion in limiting impeachment evidence regarding the testifying officer.
- People v Gutierrez2026 NY Slip Op 05737
The court affirmed the conviction and sentence but modified the judgment to strike the probation condition requiring consent to searches of the defendant’s person, vehicle, or abode. The court found this specific condition was not reasonably related to the defendant’s rehabilitation, while upholding other probation conditions as reasonably necessary.
- People v Then2026 NY Slip Op 05736
The appellate court affirmed the defendant’s conviction for second-degree murder, finding the evidence legally sufficient and not against the weight of the evidence. The court rejected the defendant’s evidentiary and procedural claims, determining that any errors were either unpreserved or harmless given the overwhelming evidence of guilt.
- People v Robinson2026 NY Slip Op 05734
The court affirmed the defendant’s conviction for first-degree murder, finding that the circumstantial evidence was legally sufficient and not against the weight of the evidence. The court also upheld the trial court’s discretion in precluding third-party culpability evidence as speculative and inadmissible hearsay.
- Matter of B.R. (A.C.)2026 NY Slip Op 05733
The Supreme Court properly authorized the co-guardian to change beneficiary designations and reform LLC operating agreements to align with the incapacitated person’s prior estate plan, as permitted by Mental Hygiene Law § 81.21. The court rejected the argument that the statute is limited to lifetime transfers and found that the appellant failed to comply with the operating agreements’ requirements for continuing the business.
- Manewan v Huerta2026 NY Slip Op 05732
The Appellate Division affirmed the denial of summary judgment, finding that the plaintiff’s expert was qualified to opine on the defendant surgeon’s handling of a biopsy and pathology report. The expert’s identification of specific departures from accepted medical practice, including the failure to communicate clinical presentation to the pathologist, raised triable issues of fact.
- Matter of Local 621, S.E.I.U. v New York City Dept. of Corr.2026 NY Slip Op 05731
The Appellate Division affirmed the annulment of the DOC’s determination but modified the judgment to deny the award of costs and attorneys’ fees. The court held that such fees are not authorized in a CPLR article 78 proceeding absent a specific statutory or contractual provision.
- Lackwood v Lackwood2026 NY Slip Op 05730
The Appellate Division affirmed the lower court’s decision to grant a civil contempt motion without a hearing because the husband failed to raise a factual dispute regarding his inability to pay. The court also affirmed the denial of the husband’s order to show cause for assignment of counsel, noting that such an order was not appealable as of right and the lower court’s discretion was properly exercised.
- Komlan v Belisle2026 NY Slip Op 05729
The court affirmed the denial of the plaintiff’s motion for summary judgment because the submitted surveillance video was not dispositive of the claims and failed to irrefutably demonstrate the defendants’ negligence. The plaintiff did not establish a prima facie entitlement to summary judgment on the issue of liability.
- JPMorgan Chase Bank, N.A. v Parmesar2026 NY Slip Op 05728
The 2019 foreclosure action was untimely because the prior 2008 acceleration remained valid despite the 2008 action being a legal nullity. The 2019 dismissal was for lack of personal jurisdiction, precluding the application of savings provisions under CPLR 205(a) and 205-a.
- Jose v Consolidated Edison Co. of N.Y., Inc.2026 NY Slip Op 05727
The Supreme Court properly denied the plaintiff’s motion to compel a deposition because the plaintiff failed to demonstrate the insufficiency of existing testimony or the necessity of the requested witness. Additionally, the court correctly quashed subpoenas for nonparties because the plaintiff failed to establish the relevance of their testimony, rendering the subpoenas tantamount to a fishing expedition.
- IKB Intl. S.A. v U.S. Bank, N.A.2026 NY Slip Op 05726
The court reinstated claims regarding disclosed noncompliance events of default and mortgage file defects, finding that issues of fact precluded summary judgment and that liquidation does not automatically bar repurchase enforcement claims. It also granted plaintiffs summary judgment on standing for specific contract claims while dismissing claims based on ratings downgrades that did not meet the required threshold.
- Haubold v Towers on the Park Condominium2026 NY Slip Op 05725
The court affirmed the dismissal of the plaintiffs’ claims for tortious interference and breach of fiduciary duty because they failed to identify any independent tortious conduct by the defendants. The enforcement of the plaintiffs’ agreement to obtain a new tax lot for their combined units did not constitute disparate treatment under the business judgment rule.
- Hanover v Speaker2026 NY Slip Op 05724
The Appellate Division affirmed the Supreme Court’s decision to issue conditional orders precluding evidence rather than striking the defendants’ answer. The court found that the defendants’ delays in producing insurance documents were not willful or contumacious, making the drastic remedy of striking the answer unwarranted.
- Gomez v Uber Tech., Inc.2026 NY Slip Op 05722
The Appellate Division affirmed summary judgment dismissing the complaint because the defendants established that the plaintiff’s alleged injuries were preexisting degenerative conditions not caused by the collision. The plaintiff failed to raise an issue of fact regarding causation because his medical records were inadmissible and his treating physician did not examine him contemporaneously with the accident.
- Goldberg v Torim2026 NY Slip Op 05721
The Appellate Division modified the lower court’s order to deny defendants’ motions for summary judgment except as to the direct cause of action for conversion against Leah Torim, finding that issues of fact precluded summary judgment on tax estoppel and vicarious liability claims. The court affirmed the dismissal of the breach of fiduciary duty claim but reversed the dismissal of the conversion claim due to triable issues regarding the plaintiff’s possessory interest in the proceeds.
- DLJ Mtge. Capital, Inc. v Mahadeo2026 NY Slip Op 05719
The court affirmed the summary judgment in favor of the plaintiff, finding that the plaintiff established standing by attaching the original note to the certificate of merit. The defendant’s submission of a prior version of the note without allonges was insufficient to raise a triable issue of fact regarding standing.
- Matter of C.B. (L.B.)2026 NY Slip Op 05718
The Family Court properly denied the parents’ motions to dismiss the neglect petition with prejudice because it could not do so without first conducting a fact-finding hearing to determine that intervention was not required. Additionally, the voluntary withdrawal of the petition by ACS did not mandate dismissal with prejudice in the absence of a showing that the petition was filed to harass or annoy respondents.
- Brice v Two Sigma Inv. Solutions, LP2026 NY Slip Op 05717
The appeal is dismissed as taken from a nonappealable order because the plaintiff did not oppose the motion to compel arbitration. Consequently, the plaintiff is not aggrieved by the Supreme Court’s granting of the motion and lacks standing to appeal.
- Matter of B.C. v M.C.2026 NY Slip Op 05716
The appeal was dismissed as moot because the order of protection expired by its own terms and the appellant failed to identify any permanent stigma. Additionally, the appellant was precluded from challenging the underlying allegations because the initial order was entered on default.
- Askins v Upstaging Inc.2026 NY Slip Op 05715
The court granted summary judgment dismissing the plaintiff’s serious injury claims because the defendants established that the plaintiff’s injuries were caused by preexisting degenerative conditions rather than the accident. The plaintiff failed to raise an issue of fact by not specifically addressing or ruling out these preexisting conditions in her expert’s opinion.
- Arnstein v Stein Saks, PLLC2026 NY Slip Op 05714
The Appellate Division affirmed the trial court’s issuance of a prefiling injunction enjoining the plaintiff from commencing new litigation without judicial permission. The court held that the trial court providently exercised its discretion and that the injunction is distinct from 22 NYCRR 130-1 sanctions, thus not requiring the specific written decision format mandated for frivolous conduct findings.
- Matter of Partia A. v Thierno D.2026 NY Slip Op 05713
The father’s decision to proceed pro se constituted a valid waiver of his right to counsel because he repeatedly chose to retain private counsel without requesting assigned counsel or demonstrating financial inability. The court properly denied further adjournments and affirmed the custody order, finding the waiver was knowing, intelligent, and voluntary.
- 5 Beekman Property Owner, LLC et al. v Henick-Lane, Inc.2026 NY Slip Op 05712
The court affirmed the order requiring plaintiffs to return a settlement payment made by the defendant’s insurer based on a mistaken belief that a settlement had been reached. The court held that the voluntary payment doctrine did not apply because the insurer reserved rights and the payment was based on a mistake of material fact.
- Matter of 251 W. 74 Owners Corp. v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 05711
The Appellate Division reversed the lower court’s grant of the petition, holding that the petitioner lacked third-party standing because it failed to demonstrate that the sponsor could not challenge the rent reduction order itself. Additionally, the court found no due process violation because the managing agent’s address was properly listed in DHCR records and designated for service.
Week ending October 3, 2026
Browse the week ending October 3, 2026
- Matter of Z. J.W. (Toria W.)2026 NY Slip Op 05616
The Appellate Division affirmed the termination of the mother’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence. The court determined that the agency made diligent efforts to strengthen the parental relationship, but the mother failed to plan for the child’s future and did not gain insight into the problems leading to removal.
- Matter of J.M.W. (Kassandra F.W.)2026 NY Slip Op 05615
The Appellate Division affirmed the termination of the mother’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence that she failed to plan for the child’s future despite the agency’s diligent efforts. The court found that the mother’s failure to attend the majority of scheduled visits and therapy sessions, combined with her lack of credible testimony, justified the Family Court’s decision.
- Sutton v 76 St. Nicholas Place, LLC2026 NY Slip Op 05614
The court modified the lower court’s order to substitute the purchaser as the defendant, instead ordering that the purchaser be joined as an additional defendant. This modification was necessary because full substitution would prejudice plaintiffs by introducing a knowledge defense that could diminish their potential damages.
- Matter of ReductoNox Corp. (Siemens Energy, Inc.)2026 NY Slip Op 05613
The Appellate Division affirmed the confirmation of an arbitration award, finding that the petitioner failed to demonstrate that the arbitral panel manifestly disregarded the law in its interpretation of contract terms and assessment of damages. The court held that the panel’s factual findings regarding the nature of the technology and the lack of proof for fraudulent inducement were binding.
- Picard v Cosby2026 NY Slip Op 05612
The court reversed the lower court’s denial of the motion to dismiss, holding that the plaintiff failed to allege a sufficient nexus between the defendant company’s resources and the alleged assaults. The majority determined that merely using the studio to impress the plaintiff did not constitute using employer resources to commit independently tortious conduct.
- Petrolawicz v Ando Realty LLC2026 NY Slip Op 05611
A tenant may challenge the deregulated status of their apartment at any time during their tenancy, and the rent history may be examined beyond four years. The defendant’s cross-motion for summary judgment was denied because the submitted affidavit failed to authenticate the documents as admissible business records.
- People v Schiff2026 NY Slip Op 05610
The court affirmed the conviction and sentence, finding that the defendant’s waiver of the right to appeal was invalid because the court failed to adequately explain the nature of the waiver and confirm the defendant’s understanding. However, the court declined to reach the defendant’s other claims regarding sentencing and plea conditions because they were not preserved for appellate review.
- 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.
- People v Luke2026 NY Slip Op 05604
The appellate court affirmed the conviction for burglary in the third degree, finding that the trial court properly denied the Batson challenge and that the evidence supported the jury’s verdict. The court also determined that the trial court did not err in denying the motion to compel production of defense counsel’s handwritten notes, which were protected by work-product privilege.
- Osman v Pelofi2026 NY Slip Op 05602
The Appellate Division affirmed the denial of the husband’s motion for discovery and forensic examination, finding that he failed to establish a triable issue of fact regarding the wife’s access to his emails. The court also rejected his due process and spoliation claims, noting that he was afforded a full opportunity to litigate and that the wife voluntarily produced her device for examination.
- Matter of Smerling2026 NY Slip Op 05601
The court granted the Attorney Grievance Committee’s motion for reciprocal discipline, disbaring the respondent immediately based on his felony convictions and resignation from the Massachusetts Bar. The court found that the respondent could not raise any valid defenses under 22 NYCRR 1240.13(b) and that disbarment was the appropriate sanction commensurate with the foreign jurisdiction’s discipline.
- M.J., etc., et al., Plaintiffs-Respondents, v City of New York, et al., Defendants-Appellants.2026 NY Slip Op 05600
The Appellate Division affirmed the denial of the defendants’ motion for summary judgment as untimely because they failed to demonstrate good cause for a 62-day delay in filing the renewed motion after the court-ordered electronic conversion. The court held that the initial timely motion did not excuse the subsequent delay, as it had been denied without prejudice, leaving no pending motion.
- Matter of Knights v City Univ. of N.Y.2026 NY Slip Op 05599
The court affirmed the dismissal of the petition because it was time-barred under the four-month statute of limitations. Additionally, the termination claims were barred by res judicata, and the decision not to interview the petitioner was not arbitrary or capricious.
- Hakim v Hakim2026 NY Slip Op 05598
The court affirmed the dismissal of a counterclaim on a promissory note because it was based on past consideration without an explicit written recitation or valid antecedent obligation. Additionally, the court upheld the grant of an accounting for a partnership dissolution, noting that a fiduciary relationship exists between partners and an accounting is the proper method for winding up a partnership.
- Garcia v Baco Enters., Inc.2026 NY Slip Op 05597
The Appellate Division affirmed the denial of summary judgment for the out-of-possession landlord because the lease language raised a question of fact regarding assumed repair obligations. The court also barred consideration of a proximate cause argument raised for the first time in reply papers.
- Ellis v State of New York2026 NY Slip Op 05596
The court affirmed the dismissal of the wrongful death claim because the plaintiffs failed to demonstrate that the State owed a special duty to the infant. The State’s inaction or omissions in its government oversight functions, rather than affirmative actions placing the child in harm’s way, were insufficient to establish liability.
- Discover Property & Casualty Company v National Football League2026 NY Slip Op 05595
The court held that NFL football does not constitute a ‘product’ under the Products Completed Operations Hazard (PCOH) definition, thereby excluding the claims from the PCOH aggregate limit. Additionally, the court determined that each player’s injury constitutes a separate occurrence, meaning the AGLIC excess policy was not triggered, and found the NFL’s settlement reasonable while rejecting the ‘no loss’ defense based on club indemnification.
- Deustche Bank Natl. Trust Co. v White2026 NY Slip Op 05594
A defendant who transferred their interest in the subject property by deed is divested of standing to defend a foreclosure action. Because the defendant was not an obligor on the underlying note and did not assume the debt, the broad reservation of deficiency rights did not create sufficient standing.
- Delgado v 27-51 Jackson Ave LLC2026 NY Slip Op 05593
The Appellate Division affirmed the denial of a motion to amend pleadings to add fraud claims, finding the proposed amendment lacked merit. The court determined that the existence of other unproven fraud lawsuits and shared addresses with other claimants were insufficient to establish a misrepresentation of fact with the required particularity.
- Matter of Aberbach v New York State Dept. of Corr. & Community Supervision2026 NY Slip Op 05592
The court affirmed the denial of the petitioner’s motion to vacate a DOCCS determination, holding that judicial review of agency action following remittal is available only through a new Article 78 proceeding. The court rejected the argument that the original proceeding could be used to review new agency action taken after remittal.
- 62 Wooster, LLC v TML N.Y. Inc.2026 NY Slip Op 05591
The court affirmed the dismissal of claims against guarantors, holding that the guaranties were ambiguous due to conflicting surrender and good guy clauses. Applying the contra proferentem rule against the landlord who drafted the documents, the court determined the guarantors’ liability terminated upon the tenant’s physical surrender of the premises.
- 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.
- Tahari v Narkis2026 NY Slip Op 05505
The Appellate Division reversed the lower court’s grant of summary judgment on a breach of contract claim because the defendant’s affidavit and other evidence created a material issue of fact regarding whether a $9 million transfer was a new loan or the repayment of an old debt. The court held that the defendant’s affidavit was competent evidence sufficient to preclude summary judgment despite being submitted by an interested party.
- Matter of L.S. (D.S.)2026 NY Slip Op 05503
The appellate court affirmed the Family Court’s determination that the appellant lacked standing to challenge her exclusion from the apartment because she failed to prove it was her primary residence. Additionally, the court affirmed the denial of the appellant’s request for an adjournment due to the absence of a legal excuse for her failure to appear.
- Rivera v City of New York2026 NY Slip Op 05502
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to strike the defendant’s answer, finding no abuse of discretion. The court determined that the defendant’s late opposition was properly accepted and that the plaintiff failed to demonstrate any resulting prejudice.
- People v Murdaugh2026 NY Slip Op 05501
The court affirmed the conviction and sentence but struck probation conditions requiring the payment of surcharges and support of dependents, finding them unrelated to rehabilitation. It rejected the defendant’s Second Amendment challenge to the good moral character provision and upheld other probation conditions as reasonably necessary.
- People v Lebron2026 NY Slip Op 05499
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, rejecting the argument for a downward departure to level one. The court determined that the mitigating factors presented were either already accounted for by the risk assessment instrument or were outweighed by the heinous nature of the crime against a child.
- People v Dulce2026 NY Slip Op 05498
The court affirmed the conviction and sentence, declining to review unpreserved challenges to the plea’s validity in the interest of justice. As an alternative holding, the court determined that the plea was entered knowingly, intelligently, and voluntarily based on the totality of the circumstances.
- People v Farfan2026 NY Slip Op 05497
The court affirmed the conviction and sentence, holding that while the waiver of the right to appeal was invalid, there was no basis to reduce the sentence based on a mistaken impression regarding the minimum term. The defendant failed to demonstrate that he would have been permitted to plead guilty for a lower term or that his plea was involuntary.
- People v Dilione2026 NY Slip Op 05496
The court affirmed the denial of the defendant’s CPL 440.10 motion, finding the claim of grand jury misconduct procedurally barred and alternatively lacking merit. The court also upheld the denial of the motion to withdraw the guilty plea, determining the plea was entered knowingly, intelligently, and voluntarily.
- People v Sanchez2026 NY Slip Op 05493
The conviction was affirmed because the trial court correctly found no inconsistency in the child-victim’s testimony and any errors regarding improper opinion testimony or untimely disclosure were harmless. The court determined that the doctor’s testimony was admissible and that the omitted disclosure did not constitute a material Brady violation.
- People v Turner2026 NY Slip Op 05492
The court affirmed the conviction and sentence, finding that the defendant failed to preserve his claim regarding an illegal discovery waiver during the plea colloquy. The court declined to reach the issue in the interest of justice, determining it did not constitute a mode of proceedings error.
- People v Miranda2026 NY Slip Op 05491
The court affirmed the adjudication of the defendant as a level two sexually violent offender, finding that the trial court properly declined a downward departure. The appellate court determined that the defendant’s mitigating factors, including treatment completion and health issues, were adequately accounted for by the risk assessment and outweighed by the seriousness of his conduct.
- People v Hernandez2026 NY Slip Op 05490
The court affirmed the conviction for criminal possession of a weapon in the fourth degree but modified the probation conditions by striking those requiring payment of surcharges, medical treatment, and gang-related restrictions. The court found these specific conditions were not reasonably related to the defendant’s rehabilitation or necessary to ensure he would lead a law-abiding life.
- People v Santos2026 NY Slip Op 05487
The court affirmed the conviction and sentence, finding that the suppression court properly denied the motion to suppress the firearm because probable cause existed for the arrest and search. Additionally, the court declined to review the defendant’s facial constitutional challenge to the good moral character provision due to a failure to preserve the claim.
- Our Children’s Found., Inc. v OvaLab, LLC2026 NY Slip Op 05485
The Appellate Division affirmed the denial of the defendant’s motion to vacate a default judgment, finding that the defendant failed to establish a reasonable excuse for its default. The court determined that the defendant’s participation in settlement discussions provided actual notice of the action in time to defend.
- Nationstar Mtge. LLC v Gomez2026 NY Slip Op 05484
The court affirmed the denial of the defendant’s motion to vacate a summary judgment order, finding that the trial court properly exercised its inherent powers to correct an administrative error. The defendant failed to demonstrate a reasonable excuse for not opposing the summary judgment motion after the administrative dismissal was vacated.
- Matter of D.N. (N.N.)2026 NY Slip Op 05483
The Appellate Division affirmed the Family Court’s finding that the father neglected three children by committing domestic violence in their presence and derivatively neglected a fourth child in close proximity. The court held that a single incident of domestic violence can support a neglect finding and that the evidence, including child testimony and caseworker observations, established the father’s impaired parental judgment.
- Murphy v PHG Funding LLC2026 NY Slip Op 05482
The Appellate Division affirmed the denial of leave to file amended pleadings because the proposed counterclaims and third-party complaints were palpably insufficient to state claims for affirmative relief. The court found that the defendants failed to adequately allege breaches of the settlement documents or specific misrepresentations necessary to support fraud claims.
- Matter of Lorica Asset Mgt. LLC v Steele2026 NY Slip Op 05481
The court affirmed the denial of the petition to compel arbitration before a specific AAA commercial panel arbitrator because the agreement did not specify that requirement. The court held that interpreting AAA rules and amendments is committed to the arbitrator, and the challenge was not ripe because AAA had not issued a final determination.
- Matter of Alessandra L. v Robert H.2026 NY Slip Op 05480
The appeal was dismissed as taken from a nonappealable order because the petitioner failed to file objections to the Support Magistrate’s order. Under Family Court Act § 439(e), an appeal must be taken from the resulting Family Court order after objections are reviewed, not directly from the Support Magistrate’s decision.
- KB Green Valley North, DST v KeyBank National Association2026 NY Slip Op 05479
The court affirmed the dismissal of the complaint, finding that the loan agreement’s requirement for a five-year lease term was unambiguous. Because the tenant’s lease included an option to terminate after 13 months, it did not constitute a valid five-year term to cure the cash sweep event.
- Interasian Digital Technology Holdings Ltd. v In Jin Moon Park2026 NY Slip Op 05478
The judgment was reversed because the plaintiff’s evidence was submitted via a defective attorney affirmation that failed to comply with CPLR 2106. Additionally, the defendant was not liable for her ex-husband’s fraudulent conveyances because she did not participate in the transfer of assets or benefit from the scheme.
- Holness v Gold Crest Care Ctr. Inc.2026 NY Slip Op 05477
The Appellate Division lacked subject matter jurisdiction to hear the appeal because the plaintiff failed to notice an appeal from the final judgment, and the right to appeal the intermediate order terminated upon the entry of that judgment. Consequently, the appeal was dismissed as taken from a non-appealable paper.
- Gersic v Kuehner2026 NY Slip Op 05474
The court reversed the lower court’s denial of summary judgment, finding that the plaintiff failed to raise an issue of fact regarding causation because his experts offered only conclusory opinions that his herniations were traumatic rather than degenerative. The court also granted summary judgment against the individual defendant based on the plaintiff’s failure to meet the serious injury threshold against the other defendant.
- Matter of S.G. v C.M.2026 NY Slip Op 05473
The Appellate Division affirmed the Family Court’s determination that the respondent father committed two counts of menacing in the third degree and granted a two-year order of protection. The court found that the petitioner established the offense by a preponderance of the evidence and that the respondent’s procedural arguments regarding preclusion and the lack of a separate dispositional hearing were unpreserved or unavailing.
- Franco v Berger2026 NY Slip Op 05472
The court affirmed the dismissal of the plaintiff’s fraud claim as duplicative of the professional negligence claim and dismissed the negligent infliction of emotional distress claim because pets are currently considered personal property. The court noted that while pets are legally property, the evolving societal view of animals as sentient beings makes this a developing area of law.
- Foster v City of New York2026 NY Slip Op 05471
The Appellate Division affirmed the dismissal of the plaintiff’s assault and defamation claims, finding the assault claim time-barred and the defamation statements not cognizable. The court also affirmed the denial of the plaintiff’s motion for reargument and the refusal to vacate the money judgment for costs.
- Estevez v New York City Health & Hosps. Corp.2026 NY Slip Op 05470
The court affirmed the denial of summary judgment because the plaintiff’s expert testimony created triable issues of fact regarding whether timely therapeutic Heparin administration would have altered the decedent’s clinical course. The expert successfully rebutted the defendant’s arguments by explaining the immediate physiological effects of Heparin and ruling out alternative causes of death.
- Diaz v DeJesus2026 NY Slip Op 05469
Summary judgment was properly granted to the defendant because he demonstrated the absence of a triable issue of fact regarding his negligence by testifying that his car was stopped at an intersection when sideswiped. The defendants’ failure to raise a material issue of fact, despite conflicting accounts of the accident’s location, did not preclude judgment.
- Matter of New York Civ. Liberties Union v New York State Off. of Ct. Admin.2026 NY Slip Op 05467
The Office of Court Administration failed to demonstrate the existence of an attorney-client relationship between its Counsel’s Office and all Unified Court System judges to justify withholding documents under FOIL. The court affirmed the lower court’s order compelling the disclosure of the 22 records submitted for in camera review.
- Bruno v Lafaro2026 NY Slip Op 05465
The Appellate Division affirmed the denial of a motion to change venue because the defendants failed to meet their prima facie burden of establishing that the defendant did not reside in Bronx County at the time the action was commenced. The court found that the defendants’ submission of an unsupported affirmation regarding residency was insufficient to shift the burden to the plaintiff.
- Biz Capital, LLC v BBG, Inc.2026 NY Slip Op 05464
The appellate court affirmed the dismissal of the professional malpractice complaint as time-barred. The court determined that the statute of limitations began to run when the final appraisal was delivered to the plaintiff’s predecessor, which occurred more than three years before the action was commenced.
- US Bank Trust National Association v Patricia Smith2026 NY Slip Op 05463
The Appellate Division reversed the lower court’s denial of a default judgment motion and grant of a dismissal cross-motion, finding that a traverse hearing was necessary to determine if service was properly effectuated. The court held that the defendant’s affidavit sufficiently rebutted the plaintiff’s prima facie evidence of service due to significant discrepancies in the description of the person served.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- Matter of UBS Sec. LLC v Dondero2026 NY Slip Op 05460
The court held that the ‘transaction attacked’ in a veil-piercing claim can be a subsequent asset transfer designed to frustrate judgment recovery, not just the original underlying transaction. While the alter ego claim against Dondero survived for the corporate entities, it was dismissed regarding limited partnerships and against Ellington for lack of sufficient allegations of complete domination.
- People v Sabater2026 NY Slip Op 05459
The court held that the Supreme Court’s decision in Erlinger v United States does not require a jury to determine tolling periods for prior convictions under New York’s persistent felony offender statutes. Such determinations are considered rote arithmetic calculations based on certified public records and fall within the Almendarez-Torres exception allowing judicial findings of prior convictions.
- People v Fulladosa2026 NY Slip Op 05458
The court reversed the conviction and dismissed the indictment because the search incident to arrest was unlawful. The officers deliberately declined to arrest the defendant for drug offenses, and the arrest for disorderly conduct was improper because the defendant’s identity was known, requiring an appearance ticket rather than an arrest.
- Gilbert v Powers2026 NY Slip Op 05457
The court modified the lower court’s order to deny plaintiffs’ motion for partial summary judgment except to the extent premised on Bradford Winston’s bad faith litigation conduct, finding that broad collateral estoppel against other board members was unwarranted. Additionally, the court reversed the order quashing subpoenas, holding that the nonparties did not establish that the discovery sought was utterly irrelevant or futile.
- Bent v Cirone2026 NY Slip Op 05456
The court modified the lower court’s order to deny the dismissal of direct claims against individual board members, finding the allegations of collective participation in tortious acts sufficient at the pre-discovery stage. However, the court affirmed the dismissal of derivative claims because the plaintiff lacked the necessary membership interest in the condominium to assert such claims on behalf of unit owners.
- Veliu v Verizon N.Y. Inc.2026 NY Slip Op 05374
The court reversed the grant of summary judgment on the plaintiff’s Labor Law § 240(1) claim, finding that triable issues of fact existed regarding how the injury occurred and whether the plaintiff was the sole proximate cause by failing to use available safety devices. The majority determined that the conflicting accounts of the accident and the plaintiff’s potential knowledge of available lumber braces precluded summary judgment.
- Martinez v 56th Realty LLC2026 NY Slip Op 05373
The Appellate Division reversed the grant of summary judgment on the owner’s cross-claim for contractual indemnification because there was an issue of fact regarding whether the owner’s agents were negligent. Under General Obligations Law § 5-322.1(1), indemnification agreements are unenforceable to the extent they cover liability contributed to by the negligence of the promisee’s agents.
- Juarez v Avacon Mgt. LLC2026 NY Slip Op 05372
The Appellate Division affirmed the dismissal of the third-party complaint, holding that the indemnification provision in the subcontract rider was unenforceable because the parties failed to reach a meeting of the minds regarding the scope of work. The court determined that the vagueness of the oral agreement’s scope of work prevented the rider from manifesting a clear and unmistakable intent to indemnify for the specific liabilities involved.
- 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.
- Berardi v 900 Third Ave., L.P.2026 NY Slip Op 05370
The court affirmed summary judgment on the plaintiff’s Labor Law § 241(6) claim, finding that the general contractor and owner were liable for a tripping hazard created by an inadequately secured tarp in a passageway. The court rejected defenses based on lack of notice, the integral-to-the-work doctrine, and the plaintiff’s alleged sole proximate cause.
- Aurelius Capital Master Ltd. v Hertz Intl. Ltd.2026 NY Slip Op 05369
The Appellate Division affirmed the judgment awarding plaintiffs the Alternative Financing Premium, holding that the phrase ‘commits to raise’ in the Backstop Agreement encompasses significant affirmative steps toward securing financing, not just binding agreements. The court further held that the impossibility exception did not apply because the Scheme Transaction remained legally feasible despite the failure to obtain a Bifurcation Order.
Week ending September 19, 2026
Browse the week ending September 19, 2026
- Matter of Wells Fargo Bank v HBK Master Fund L.P.2026 NY Slip Op 05368
The Appellate Division affirmed the lower court’s determination that payments of previously deferred principal under HAMP modifications should be treated as Subsequent Recoveries under the Pooling and Servicing Agreements. Although the payments did not fit squarely within the contractual definition, the court held they should be treated as such based on the PSAs’ structure and the parties’ course of performance.
- Hearns v Blended Family LLC2026 NY Slip Op 05367
The court held that a telecommunications worker installing Wi-Fi services is not a covered employee under Public Service Law § 228, but the Labor Law § 240(1) claim was properly dismissed because drilling holes to run cable did not constitute a significant physical alteration of the building. Additionally, the court affirmed conditional contractual indemnification in favor of the property owner against the tenant.
- Delgado v Donald J. Trump for President, Inc.2026 NY Slip Op 05366
The Appellate Division affirmed the denial of the motion to dismiss sexual assault and battery claims, finding that the acts constituted discrete torts timely under the Adult Survivor Act. The court modified the decision to dismiss the intentional infliction of emotional distress claim only to the extent the underlying acts occurred in Nevada, where they were untimely.
- Matter of Broadway PT 1710 LLC v Kingdom Assoc. Inc.2026 NY Slip Op 05365
The Appellate Division reversed the summary discharge of a mechanic’s lien because the petitioner failed to identify any defect appearing on the face of the notice of lien, as required by Lien Law § 19(6). The court held that disputes regarding the validity of the lien, such as lack of consent, must await trial of the foreclosure action rather than being resolved in a summary discharge proceeding.
- Beauchamp v New York City Tr. Auth.2026 NY Slip Op 05364
The court modified the jury verdict to reduce future medical expenses to the amount supported by expert testimony and remanded for a new trial on pain and suffering and loss of services unless plaintiffs stipulated to reduced amounts. The court found the original awards excessive but noted that the reduced total constitutes reasonable compensation for the plaintiff’s extraordinary injuries.
- Matter of Application for a Search Warrant to Search the Premises Located at the Art Inst. of Chicago2026 NY Slip Op 05363
The Appellate Division granted the CPLR article 78 petition and vacated the lower court’s turnover orders, holding that Penal Law § 450.10 does not authorize a criminal court to adjudicate disputed property rights in the absence of a pending criminal prosecution. The court determined that because the issue of title was sharply contested, the dispute required resolution in a civil forum with full procedural protections, including the right to a jury trial if demanded.
Week ending September 12, 2026
Browse the week ending September 12, 2026
- People v G.O.2026 NY Slip Op 05242
The Appellate Division affirmed the finding of civil contempt against the Office of Mental Health for delaying the transfer of a mentally ill defendant to a secure psychiatric facility, rejecting the argument that the defendant’s refusal of treatment broke the chain of causation. The court held that the defendant suffered actual loss or injury due to the delay, entitling him to a fine sufficient to indemnify him rather than the statutory minimum.
- Riley v Memorial Sloan-Kettering Cancer Ctr.2026 NY Slip Op 05241
The court held that a permanent staircase qualifies as a statutory safety device under Labor Law § 240(1) when it is the sole means of access to the work area, even if an alternative route exists but is not viable. The court also granted conditional contractual indemnification to the general contractor based on the subcontract terms.
- Matter of Bernstein2026 NY Slip Op 05239
The court granted the Attorney Grievance Committee’s motion for reciprocal discipline, imposing a public censure on the respondent. This sanction was deemed commensurate with the reprimand imposed by the Supreme Court of New Jersey for the respondent’s false statements to tribunals regarding client termination and fee balances.
- Hoeben v FCA US LLC2026 NY Slip Op 05238
The Appellate Division affirmed the denial of summary judgment to the vehicle and component manufacturers, finding that triable issues of fact existed regarding design defects, failure to warn, and implied warranty. The court determined that expert testimony and evidence of alternative designs and internal research created sufficient doubt about the safety and feasibility of the defendants’ products.
- Gamma USA, Inc. v Pavarini McGovern, LLC2026 NY Slip Op 05237
The Appellate Division modified the lower court’s order to dismiss only those portions of the counterclaim seeking delay damages in excess of the $3.6 million liquidated damages cap and consequential damages. The court held that the contractual provisions did not limit the recovery of the Owner’s direct damages, which remained recoverable under the pass-through claim.
Week ending September 5, 2026
Browse the week ending September 5, 2026
- People v Key2026 NY Slip Op 05234
The Appellate Division reversed the lower court’s retention of the case in the Youth Part, exercising its interest-of-justice power to substitute its discretion despite the absence of an abuse of discretion. The court held that the totality of circumstances, particularly substantial mitigating factors, did not establish the ‘extraordinary circumstances’ required to overcome the statutory presumption of removal to Family Court under the Raise the Age legislation.
- Jefferies LLC v Mountain State Energy Holdings LLC2026 NY Slip Op 05232
The court affirmed the dismissal of the tortious interference claim against the nonparty defendant because the confidentiality agreement’s nonrecourse provision barred liability, and the alleged conduct did not constitute the type of intentional wrongdoing unrelated to legitimate economic self-interest required to render such provisions unenforceable. Additionally, the claim against the contracting party was dismissed as duplicative of the breach of contract claim, and the fraudulent inducement claim failed due to insufficient pleading and improper damages.
- Beach v Touradji Capital Mgt., LP2026 NY Slip Op 05231
The Appellate Division reversed the lower court’s decision to set aside the jury verdict and reinstate dismissed counterclaims, finding that the defendants failed to demonstrate that the verdict was contrary to the weight of the evidence. The court held that the theoretical risk of inconsistent verdicts in a future trial was insufficient to justify disturbing the favorable jury verdict on the counterclaims.
- Matter of 57th & 6th Ground LLC v Carnegie House Tenants Corp.2026 NY Slip Op 05230
The Appellate Division reversed the lower court’s confirmation of an arbitration award, vacating it due to the neutral umpire’s partiality and the resulting prejudice to the tenants. The umpire’s undisclosed communications with opposing counsel regarding a separate paid arbitration role created an appearance of impropriety that tainted the subsequent procedural rulings and final award.
Also decided
- People v Byrd 2026 NY Slip Op 06583 November 12, 2026
- People v Bush 2026 NY Slip Op 06581 November 12, 2026
- People v Williams 2026 NY Slip Op 06578 November 12, 2026
- Invictus Global Management, LLC et al. v Corbin Capital Partners, L.P. et al. 2026 NY Slip Op 06572 November 12, 2026
- Reyes v Hoffman St. Dev. LLC 2026 NY Slip Op 06562 November 10, 2026
- Matter of People v Maginley-Liddie 2026 NY Slip Op 06561 November 10, 2026
- Fata v Duncan 2026 NY Slip Op 06551 November 10, 2026
- People v Santos 2026 NY Slip Op 06538 November 5, 2026
- People v Cowan 2026 NY Slip Op 06537 November 5, 2026
- People v Jimenez 2026 NY Slip Op 06536 November 5, 2026
- People v Cruz 2026 NY Slip Op 06535 November 5, 2026
- People v Murphy 2026 NY Slip Op 06533 November 5, 2026
- People v Blanding 2026 NY Slip Op 06529 November 5, 2026
- Matter of T.P. 2026 NY Slip Op 06528 November 5, 2026
- Hereford Ins. Co. v Orthopaedics, Spine & Sports Medicine LLP 2026 NY Slip Op 06524 November 5, 2026
- Ramos v Lendlease (US) Constr. LMB Inc. 2026 NY Slip Op 06394 October 29, 2026
- People v Toms 2026 NY Slip Op 06388 October 29, 2026
- MTGLQ Investors, L.P. v Vazquez 2026 NY Slip Op 06386 October 29, 2026
- Matter of Ayngorn v New York City Dept. of Educ. 2026 NY Slip Op 06381 October 29, 2026
- Matter of Williams v New York State Bd. of Elections 2026 NY Slip Op 06271 October 28, 2026
- People v Minor 2026 NY Slip Op 06260 October 27, 2026
- People v Willis 2026 NY Slip Op 06264 October 27, 2026
- People v Adams 2026 NY Slip Op 06262 October 27, 2026
- People v Moore 2026 NY Slip Op 06258 October 27, 2026
- Pena v Dionisio 2026 NY Slip Op 06256 October 27, 2026
- Lafleur v Satori Laser 2026 NY Slip Op 06250 October 27, 2026
- Hyposwiss Private Bank Genève SA v JLRE4 LLC 2026 NY Slip Op 06247 October 27, 2026
- People v Williams 2026 NY Slip Op 06217 October 22, 2026
- People v Reyes 2026 NY Slip Op 06223 October 22, 2026
- People v Street 2026 NY Slip Op 06221 October 22, 2026
- People v Delacruz 2026 NY Slip Op 06219 October 22, 2026
- People v McGloster 2026 NY Slip Op 06218 October 22, 2026
- People v Wright 2026 NY Slip Op 06216 October 22, 2026
- People v F.G. 2026 NY Slip Op 06214 October 22, 2026
- People v E.E. 2026 NY Slip Op 06213 October 22, 2026
- People v Nasdaq 2026 NY Slip Op 06210 October 22, 2026
- People v Williams 2026 NY Slip Op 06208 October 22, 2026
- Matter of I.G.N. (E.N.) 2026 NY Slip Op 06205 October 22, 2026
- Gilbert v Powers 2026 NY Slip Op 06200 October 22, 2026
- Desai v Ninety Five Wall St. LLC 2026 NY Slip Op 06198 October 22, 2026
- People v A.Z. 2026 NY Slip Op 06076 October 20, 2026
- People v Gibbs 2026 NY Slip Op 06075 October 20, 2026
- People v Washington 2026 NY Slip Op 06074 October 20, 2026
- Matter of Perry v Monaco 2026 NY Slip Op 06031 October 15, 2026
- People v Burkett 2026 NY Slip Op 06030 October 15, 2026
- People v Mitchell 2026 NY Slip Op 06029 October 15, 2026
- People v Ruiz 2026 NY Slip Op 06028 October 15, 2026
- People v Gonzalez 2026 NY Slip Op 06023 October 15, 2026
- People v Sierra 2026 NY Slip Op 06020 October 15, 2026
- People v Herrera 2026 NY Slip Op 06018 October 15, 2026
- People v Swaby 2026 NY Slip Op 06017 October 15, 2026
- Matter of Lo Vacco v Pickholz 2026 NY Slip Op 06011 October 15, 2026
- Karsch v Falcon Rappaport & Berkman PLLC 2026 NY Slip Op 06006 October 15, 2026
- Cullinan v New York Univ. 2026 NY Slip Op 05999 October 15, 2026
- People v Burgess 2026 NY Slip Op 05920 October 13, 2026
- People v Bruce 2026 NY Slip Op 05919 October 13, 2026
- People v Hinds 2026 NY Slip Op 05917 October 13, 2026
- People v Saleem 2026 NY Slip Op 05916 October 13, 2026
- People v Jackson 2026 NY Slip Op 05915 October 13, 2026
- People v Marable 2026 NY Slip Op 05914 October 13, 2026
- Matter of 186 Norfolk LLC v New York State Div. of Hous. & Community Renewal 2026 NY Slip Op 05900 October 13, 2026
- People v Trent D. 2026 NY Slip Op 05866 October 8, 2026
- People v T.B. 2026 NY Slip Op 05865 October 8, 2026
- People v Nevarez 2026 NY Slip Op 05864 October 8, 2026
- People v Rivera 2026 NY Slip Op 05863 October 8, 2026
- People v Sneed 2026 NY Slip Op 05862 October 8, 2026
- People v Jones 2026 NY Slip Op 05860 October 8, 2026
- Hammer & Steele, Inc. v Environmental Mgt. Consultants, Inc. 2026 NY Slip Op 05853 October 8, 2026
- Matter of B.B. v M.C. 2026 NY Slip Op 05847 October 8, 2026
- People v Singleton 2026 NY Slip Op 05748 October 6, 2026
- People v Benoit 2026 NY Slip Op 05747 October 6, 2026
- People v Solano 2026 NY Slip Op 05746 October 6, 2026
- People v Espiritusanto 2026 NY Slip Op 05744 October 6, 2026
- People v Benoit 2026 NY Slip Op 05742 October 6, 2026
- People v Aponte 2026 NY Slip Op 05740 October 6, 2026
- People v Francis 2026 NY Slip Op 05738 October 6, 2026
- People v Calisha 2026 NY Slip Op 05735 October 6, 2026
- H. Roske & Associates LLP v ESRT Empire State Building LLC 2026 NY Slip Op 05723 October 6, 2026
- Doren v Allstar Sec. & Consulting, Inc. 2026 NY Slip Op 05720 October 6, 2026
- People v Doukoure 2026 NY Slip Op 05609 October 1, 2026
- People v Gonzalez 2026 NY Slip Op 05607 October 1, 2026
- People v Coleman 2026 NY Slip Op 05606 October 1, 2026
- People v Grundy 2026 NY Slip Op 05605 October 1, 2026
- People v Carrington 2026 NY Slip Op 05603 October 1, 2026
- Stepton-Howard v Metropolitan N.Y. Synod of the Evangelical Lutheran Church in Am. 2026 NY Slip Op 05504 September 29, 2026
- People v Ortiz 2026 NY Slip Op 05500 September 29, 2026
- People v Charles 2026 NY Slip Op 05495 September 29, 2026
- People v McCassling 2026 NY Slip Op 05494 September 29, 2026
- People v Channer 2026 NY Slip Op 05489 September 29, 2026
- People v Roman 2026 NY Slip Op 05488 September 29, 2026
- People v Gutierrez 2026 NY Slip Op 05486 September 29, 2026
- Matter of Harge v Lewis 2026 NY Slip Op 05476 September 29, 2026
- Greenfield v Greenfield 2026 NY Slip Op 05475 September 29, 2026
- Matter of Black v Thompson 2026 NY Slip Op 05468 September 29, 2026
- Carranza v Memorial Hosp. for Cancer & Allied Diseases 2026 NY Slip Op 05466 September 29, 2026
- Matter of Gershowitz 2026 NY Slip Op 05240 September 10, 2026
- Arch Insurance Company, etc., Plaintiff-Respondent, v Selective Insurance Company of America, et al., Defendants-Appellants. 2026 NY Slip Op 05236 September 10, 2026
- National Football League et al. v U.S. Specialty Insurance Company et al. 2026 NY Slip Op 05233 September 3, 2026