New York Law Watch
Appellate Term, Second Department
The Appellate Terms hear appeals from the Civil Court, Criminal Court and the District, City and Justice Courts within their departments. Landlord and tenant, small claims and no-fault insurance decisions are the bulk of what they publish.
For Appellate Term, Second Department, Law Watch lists 46 indexable decisions dated March 20, 2026 to September 25, 2026 across 10 decision weeks.
52 decision records: 46 meet the substance floor; 6 records are held from search listings.
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Recent decisions
- People v Strickland2026 NY Slip Op 51599[U]
The Appellate Term reversed the lower court’s order striking the certificate of compliance and dismissing the accusatory instrument because the lower court failed to determine whether the defendant satisfied the statutory requirement to challenge the certificate as soon as practicable. The matter was remitted for a hearing to resolve this threshold issue regarding the timeliness of the defendant’s motion.
- People v Grieci2026 NY Slip Op 51598[U]
The Appellate Term reversed the lower court’s dismissal of the accusatory instrument on speedy trial grounds, holding that the People’s prearraignment statement of readiness was valid. The court determined that the complaint was converted to an information when supporting depositions were filed, allowing the People to announce readiness before the defendant’s arraignment.
- People v Hernandez-Zuniga2026 NY Slip Op 51597[U]
The court affirmed the denial of the defendant’s motion to vacate his guilty plea, finding that he failed to establish prejudice because the court explicitly advised him of potential negative immigration consequences during the plea proceeding. Consequently, the defendant’s claim that his attorney’s failure to provide specific immigration advice rendered his plea involuntary was insufficient to warrant an evidentiary hearing.
- People v Scardino2026 NY Slip Op 51596[U]
The certificate of compliance was invalid because the prosecution failed to exercise due diligence in disclosing the detective’s notes before filing it. Consequently, the statement of readiness was illusory, and the People were chargeable with more than 90 days of delay, requiring dismissal of the accusatory instrument.
- People v Zarate2026 NY Slip Op 51595[U]
The court affirmed the conviction, determining that the People did not violate the defendant’s speedy trial rights because the total chargeable time did not exceed the 90-day statutory limit. Additionally, the court held that the jury’s split verdict was not repugnant because the two charges contained different elements, allowing for a legally permissible acquittal on one count and conviction on the other.
- Health Value Med., P.C. v Allstate Ins. Co.2026 NY Slip Op 51594[U]
The Appellate Term reversed the lower court’s order vacating a judgment because the defendant failed to meet its prima facie burden of demonstrating it had not received a release or stipulation of discontinuance. Consequently, the plaintiff was not required to prove it had tendered those documents in opposition to the motion.
- J & GS Restoration, Inc. v Metro Contrs., LLC2026 NY Slip Op 51593[U]
The Appellate Term modified the judgment to increase the award to $2,850 to account for the undisputed $50 balance on the first project, while affirming the trial court’s credibility determination regarding the second project. The court found that substantial justice required the adjustment based on the parties’ agreement regarding payments made.
- Tibta v 156 E. 21, LLC2026 NY Slip Op 51592[U]
The Appellate Term reversed the lower court’s order holding the landlord in civil contempt because the petitioner failed to establish that the landlord violated a clear and unequivocal mandate of the court. The court found that the original judgment did not explicitly obligate the landlord to facilitate the removal of the new tenant, nor did the landlord create impediments to the execution of the warrant of eviction.