New York Law Watch
Appellate Division, Second Department
The Second Department sits in Brooklyn and hears appeals from Kings, Queens, Richmond, Nassau, Suffolk, Westchester, Dutchess, Orange, Rockland and Putnam Counties. It decides more appeals than any other court in the state, and its foreclosure and family law decisions dominate this record.
For Appellate Division, Second Department, Law Watch lists 582 indexable decisions dated January 14, 2026 to November 4, 2026 across 12 decision weeks.
703 decision records: 582 meet the substance floor; 121 records are held from search listings.
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Recent decisions
- Wilmington Savings Fund Society, FSB v Kogan2026 NY Slip Op 06485
The court held that the plaintiff was estopped from arguing that the mortgage debt was not validly accelerated by a prior 2007 action because that action was dismissed for failure to comply with a court order, not for lack of standing. Consequently, the 2015 foreclosure action was time-barred under the six-year statute of limitations.
- Webb v Primez Trucking, Inc.2026 NY Slip Op 06484
The court reversed the lower court’s denial of summary judgment on liability, finding that the plaintiffs established a prima facie case of negligence through the rear-end collision. The defendants failed to raise a triable issue of fact regarding a nonnegligent explanation or the emergency doctrine, particularly given the driver’s admission that he did not see the plaintiffs’ vehicle until impact.
- U.S. Bank N.A. v Walker2026 NY Slip Op 06482
The plaintiff failed to establish standing or strict compliance with RPAPL 1304, requiring the denial of its motion for summary judgment. However, the defendants failed to meet their burden on cross-motion to dismiss the complaint based on those same grounds.
- U.S. Bank N.A. v Rahman2026 NY Slip Op 06481
The court affirmed the dismissal of the foreclosure action as time-barred because the statute of limitations began running when the plaintiff accelerated the debt in a prior action. The court held that the Foreclosure Abuse Prevention Act prohibits a noteholder from unilaterally revoking a prior election to accelerate the debt.
- U.S. Bank N.A. v Baidoo2026 NY Slip Op 06480
The appellate court affirmed the denial of the defendant’s motion to vacate the summary judgment and foreclosure judgment because she failed to offer a reasonable excuse for her default in opposing the plaintiff’s motions. Consequently, the defendant was precluded from asserting defenses based on lack of standing or failure to comply with RPAPL 1304.
- Trautmann v Stellar 341, LLC2026 NY Slip Op 06479
The court affirmed the denial of the defendants’ motion to dismiss, finding that the plaintiffs sufficiently stated causes of action for adverse possession and the doctrine of practical location. The court determined that the documentary evidence submitted by the defendants was insufficient to utterly refute the plaintiffs’ factual allegations.
- Thomas J. McCarthy Real Estate, Inc. v Herlin2026 NY Slip Op 06478
The Appellate Division affirmed the dismissal of the broker’s claim for a commission because the plaintiffs failed to establish that they produced a buyer who was ready, willing, and able to purchase the property. The court determined that the evidence demonstrated the purchasers did not meet the contractual requirements for the commission to be earned.
- Sibrizzi v Strickland2026 NY Slip Op 06477
The court affirmed the dismissal of the medical malpractice complaint because the plaintiff’s expert opinion lacked probative value and failed to raise a triable issue of fact. Additionally, the court directed a show cause proceeding regarding sanctions against the plaintiff’s counsel for misrepresenting citations in their brief.