New York Law Watch
Appellate Term, Second Department: decisions in 2026
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, decisions in 2026, 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.
Week ending September 26, 2026
Browse the week ending September 26, 2026
- 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.
Week ending September 19, 2026
Browse the week ending September 19, 2026
- 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.
- Discover Bank v Lewis2026 NY Slip Op 51590[U]
The court reversed the lower court’s order and granted the defendant’s motion to dismiss the complaint for lack of personal jurisdiction. The defendant successfully rebutted the presumption of service by proving he did not reside at the address where process was served.
- Midwood Metropolitan Medical, P.C. v Permanent General Assurance Corp.2026 NY Slip Op 51589[U]
The Appellate Term reversed the lower court’s order vacating a default judgment because the defendant failed to demonstrate a reasonable excuse for its default. The court held that the defendant’s claim of non-receipt was insufficient to overcome the prima facie evidence of proper service on its registered agent.
- 148 Ave. 2018 Prop., LLC v Williams2026 NY Slip Op 51587[U]
The Civil Court had jurisdiction to adjudicate the title dispute as a defense to the summary proceeding, and the petitioner’s recorded deed established superior title to the respondent’s unrecorded deed. Additionally, the respondent was judicially estopped from denying the existence of a landlord-tenant relationship because he had previously used the lease to defend other proceedings.
- Kings Ct. Hous., LLC v Dehoney2026 NY Slip Op 51586[U]
The Appellate Term reversed the lower court’s denial of the tenant’s motion to vacate a default judgment in a nonpayment proceeding. The court found the rent demand facially insufficient because it relied on an unexplained and confusing ledger, failing to fairly apprise the tenant of the rent owed.
- Phillip v Leman Manhattan Preparatory Sch.2026 NY Slip Op 51585[U]
The Appellate Term reversed the lower court’s dismissal, finding that the private school breached the enrollment contract by refusing admission based on an extra-contractual vaccination requirement to which the parent had not consented. Consequently, the contractual prohibition against refunds was inapplicable, and the plaintiff was entitled to a refund of the tuition paid.
- Balalaos v Bernstein2026 NY Slip Op 51584[U]
The court reversed the lower court’s judgment because the plaintiff, an unlicensed home improvement contractor, is barred from recovering payment for work performed. The court held that the plaintiff’s use of licensed subcontractors did not cure the lack of a personal license required by law.
- Shetty v ACEA Consulting Group, LLC2026 NY Slip Op 51583[U]
The Appellate Term reversed the lower court’s judgment because the plaintiff failed to establish her performance under the contract by providing necessary financial details. Additionally, the court found that the lower court’s award of $3,000 lacked any basis in the record or explanation.
Week ending August 22, 2026
Browse the week ending August 22, 2026
- 224-01 141st Ave., LLC v K & S Laurelton Mini Mart, Inc.2026 NY Slip Op 51582[U]
The court reversed the final judgment and vacated the lower court’s orders because it was error to deny the tenant’s motion to vacate the stipulation without first holding a hearing to determine who had the authority to bind the corporate tenant. The matter was remitted for a new determination following a hearing to resolve the dispute over corporate authority.
- People v Fernandez2026 NY Slip Op 51581[U]
The accusatory instrument for petit larceny was facially sufficient because it alleged facts of an evidentiary character, including surveillance video and a statement, that provided reasonable cause to believe the defendant committed the crime. Questions regarding how the complainant recognized the defendant in the video are matters for trial and do not render the instrument jurisdictionally defective.
- People v Sourour2026 NY Slip Op 51580[U]
The court affirmed the convictions for forcible touching and sexual abuse in the third degree, finding the verdict was not against the weight of the evidence. Additionally, the court upheld the probation conditions of home confinement and employment restrictions as reasonably related to the defendant’s rehabilitation.
- Richgold Assoc., LLC v Chai Care, LLC2026 NY Slip Op 51579[U]
The Appellate Term affirmed the denial of the tenant’s motion to vacate the final judgment and warrant, finding that while the warrant was subject to vacatur prior to execution due to the tenant’s zero balance, the court did not find relief warranted after execution. The court emphasized that strict enforcement of the stipulation was appropriate because the parties were sophisticated, represented by counsel, and the tenant’s repeated defaults were neither inadvertent nor trivial.
- 497 Van Cortlandt Park, LLC v Alsaidi2026 NY Slip Op 51578[U]
The Appellate Term reversed the lower court’s order vacating a default judgment because the defendants failed to demonstrate that they did not personally receive notice of the summons in time to defend. The court found that testimony from a family member was insufficient to establish that the named defendant did not receive service, thereby precluding relief under CPLR 317 and CPLR 5015 (a) (1).
- People v De Oliveira2026 NY Slip Op 51577[U]
The court affirmed the convictions for forcible touching and sexual abuse in the third degree, determining that the evidence was legally sufficient to prove that the defendant forcibly touched the complainant’s face, an intimate body part, for sexual gratification. The court also upheld the admission of prior bad act testimony as relevant to intent and motive, and found the sentences were not unduly harsh.
- People v May2026 NY Slip Op 51576[U]
The Appellate Term reversed the lower court’s dismissal of the accusatory instruments, finding that the People had exercised good faith and due diligence in filing their certificate of compliance despite late disclosure of police disciplinary records. The court determined that less than 90 days of delay were chargeable to the People, meaning the statutory speedy trial deadline was not violated.
- People v Gehlhaus2026 NY Slip Op 51575[U]
The certificate of compliance was valid because the People were not required to automatically disclose police disciplinary records unrelated to the subject matter of the case under the law in effect at the time. Consequently, the People timely announced their readiness for trial, and the accusatory instrument was reinstated.
Week ending August 8, 2026
Browse the week ending August 8, 2026
- 47-05 Ctr. SPE, LLC v Hack2026 NY Slip Op 51314[U]
The court affirmed the judgment awarding possession, holding that a typographical error in the nonrenewal notice was a de minimis defect that did not confuse the tenant or hinder their defense. Additionally, the court found that the simultaneous maintenance of a nonpayment and holdover proceeding did not vitiate the nonrenewal notice given the limited overlap and voluntary discontinuance of the nonpayment action.
Week ending July 25, 2026
Browse the week ending July 25, 2026
- People v Gershen2026 NY Slip Op 51313[U]
The conviction for speeding was affirmed because the trooper’s testimony regarding radar readings and visual speed estimates was sufficient to prove the violation beyond a reasonable doubt. The court found that the trial court did not err in excluding the defendant’s proffered evidence, as it was duplicative of his testimony and not exculpatory.
Week ending June 27, 2026
Browse the week ending June 27, 2026
- Merced v GEICO Ins. Agency, LLC2026 NY Slip Op 51311[U]
The court affirmed the dismissal of the complaint against the insurer because there is no privity of contract between the injured plaintiff and the tortfeasor’s insurer. Consequently, the plaintiff failed to state a cause of action as the statutory conditions for suing the insurer under Insurance Law § 3420 were not met.
Week ending June 20, 2026
Browse the week ending June 20, 2026
- People v Hernandez2026 NY Slip Op 51301[U]
The Appellate Term affirmed the denial of the defendant’s motion to invalidate the People’s certificate of compliance, finding that the prosecution exercised due diligence under former CPL article 245 despite failing to follow up on a subpoena for Rikers Island calls. Consequently, the speedy trial clock was properly stopped by the statement of readiness, precluding dismissal of the accusatory instrument.
- One RX Chemist, Inc. v Nationwide Mut. Ins. Co.2026 NY Slip Op 51309[U]
The Appellate Term reversed the lower court’s denial of summary judgment, granting the insurer’s motion to dismiss the complaint. The court held that the insurer established a prima facie case by showing the plaintiff failed to appear for scheduled examinations under oath and did not raise a triable issue of fact.
- Ezeoke v Udom2026 NY Slip Op 51307[U]
The Appellate Term reversed the lower court’s dismissal of the complaint, finding that the plaintiff established a prima facie case for breach of contract based on the defendant’s admissions of landlord-tenant status and nonpayment. The court remitted the matter for an assessment of damages, rejecting the lower court’s finding that services rendered constituted payment in full.
- New Image Chiropractic, P.C. v Kemper Ins. Co.2026 NY Slip Op 51306[U]
The Appellate Term held that a default declaratory judgment against a different insurer had no res judicata or collateral estoppel effect because the plaintiff did not appear in that prior action. Additionally, the court denied the plaintiff’s cross-motion for summary judgment because it failed to submit evidence of the insurer’s address to prove timely mailing of claim forms.
- Jovanovic v Falsons Realty Corp.2026 NY Slip Op 51305[U]
The court reversed the lower court’s denial of summary judgment, granting the out-of-possession landlord’s motion to dismiss the complaint. The landlord owed no duty to repair the conveyor belt or basement floor as its contractual obligations were limited to keeping the premises leak-free, and the plaintiffs failed to prove the cause of the accident beyond speculation.
- Di Marco v New York City Off. of Comptroller2026 NY Slip Op 51304[U]
The court affirmed the order vacating a default judgment because the plaintiff failed to demonstrate proper service of process on the corporate defendant. Personal service on a corporation must be made to a person authorized by statute, and substitute service is insufficient to acquire jurisdiction.
- Mallek v Central Loan Admin. & Reporting (CENLAR)2026 NY Slip Op 51303[U]
The court reversed the lower court’s grant of summary judgment because the mortgage servicer failed to establish a prima facie case that its actions were justified under the contract or RPAPL 1308. Specifically, the servicer did not explain why it reimposed a previously waived hazard insurance requirement or why it could treat the property as abandoned while the plaintiff was actively litigating and paying taxes.
- Saliba v MHANY Mgt.2026 NY Slip Op 51302[U]
The Appellate Term affirmed the dismissal of a small claims action for breach of contract because the plaintiff failed to produce a lease or other contract. Furthermore, even assuming a breach of the implied warranty of habitability, the plaintiff could not recover consequential damages for food, furniture, and cleaning supplies.
Week ending June 13, 2026
Browse the week ending June 13, 2026
- DeLoach v Assurant2026 NY Slip Op 51300[U]
The court affirmed the dismissal of the complaint because the plaintiff failed to establish that proper service of process was effectuated on the defendant. Since the affirmations of service did not demonstrate that the summons was delivered to an authorized agent of the correct entity, personal jurisdiction was never acquired.
- Cooper v Apostolic Gospel Church of Christ, Inc.2026 NY Slip Op 51299[U]
The court affirmed the denial of the plaintiff’s motion to set aside a small claims judgment, determining that the motion was untimely under CPLR 4405 and failed to demonstrate good cause for the delay. The court also clarified that CPLR 2221 does not permit reargument of a decision after trial.
- Big Apple Med. Group Corp. v MVAIC2026 NY Slip Op 51298[U]
The court affirmed the denial of summary judgment because the defendant failed to demonstrate that the vehicle was insured at the time of the accident. The evidence provided only showed insurance coverage at the time of registration, which was two months prior to the incident.
- American Package Co., Inc. v Postelnicu2026 NY Slip Op 51297[U]
The court affirmed the dismissal of a holdover proceeding because the landlord failed to serve the notice of petition and petition, constituting a jurisdictional defect that cannot be cured by CPLR 2001. The court held that CPLR 3012(d) does not permit an extension of time to serve process where no personal jurisdiction has been obtained over the respondents.
- Pushyk v Shiyanoff2026 NY Slip Op 51296[U]
The court affirmed the dismissal of the holdover petition, finding that the building was subject to rent stabilization because evidence supported a finding that a rear bedroom had been occupied as a separate residential unit, bringing the total to six units. Consequently, the landlords failed to meet their burden of proving an exemption and failed to serve the specific notices required for eviction under the Rent Stabilization Code.
- Cruz v Carannante2026 NY Slip Op 51295[U]
The appeal is dismissed because the lower court’s order staying the proceeding was based on a request for relief made without a proper notice of cross motion. Consequently, the order is not appealable as of right under CPLR 5701, and the court declined to grant leave to appeal.
- Shpigel v Staten Is. Univ. Hosp.2026 NY Slip Op 51294[U]
The Appellate Term reversed the dismissal of the small claims action because the lower court’s finding that the hospital had issued refunds on two bills failed to render substantial justice, given the evidence that the plaintiff only received a single check. The court awarded the plaintiff the full overpayment amount on the condition that he return the single check he had already received to the defendants.
Week ending June 6, 2026
Browse the week ending June 6, 2026
- Water’s Edge 32 Limited Partnership v Bailey2026 NY Slip Op 51292[U]
The Appellate Term affirmed the lower court’s judgment awarding possession to the landlord because the tenant breached the lease by repeatedly refusing access for necessary repairs. The court held that the tenant’s failure to seek leave for discovery prior to trial precluded her from presenting security camera footage.
- Sialiano v Costco Wholesale2026 NY Slip Op 51291[U]
The judgment dismissing the small claims action was affirmed because the plaintiff failed to meet the burden of proving the amount of damages. The plaintiff did not provide expert testimony or two itemized repair estimates for the unrepaired vehicle damage.
- People v Bruner2026 NY Slip Op 51290[U]
The court reversed the convictions and dismissed the simplified traffic informations because the People failed to serve the requested supporting depositions. The defendant’s motion to dismiss was deemed timely because it was made before the commencement of the trial, as no arraignment had occurred.
- Hernandez v Lakeview Arms Apts.2026 NY Slip Op 51289[U]
The Appellate Term affirmed the dismissal of the small claims action, finding that substantial justice was done because the tenant admitted to causing damage beyond ordinary wear and tear. The court held that the property manager’s credible testimony regarding repair costs was sufficient to justify retaining the security deposit, even without itemized bills, given the small amount involved.
Week ending March 21, 2026
Browse the week ending March 21, 2026
- People v Bergman89 Misc 3d 5
The court affirmed the conviction, holding that the People satisfied their due diligence obligations under CPL 245.20 by providing sufficient disclosure letters regarding police officer misconduct. Additionally, the court found that the People validly stated ready within the statutory 90-day period, as the speedy trial clock was tolled by executive orders until October 4, 2020.
Also decided
- De Filippis v Lenox Hill Radiology & Med. Imaging Assoc., P.C. 2026 NY Slip Op 51591[U] September 18, 2026
- Grand Plus Supply, Inc. v GEICO Indem. Co. 2026 NY Slip Op 51588[U] September 18, 2026
- 975 Washington Property, LLC v Sanchez 2026 NY Slip Op 51312[U] June 26, 2026
- Johnson v Highlawn Moving & Stor., Inc. 2026 NY Slip Op 51310[U] June 26, 2026
- Morgan v Caesar 2026 NY Slip Op 51308[U] June 17, 2026
- People v Harper 2026 NY Slip Op 51293[U] June 12, 2026