Appellate Division, First Department · September 29, 2026 · 2026 NY Slip Op 05471
Foster v City of New York
Read the official decision: 2026 NY Slip Op 05471
Holding 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.
The court’s words
the assault cause of action was time-barred because the most recent assault alleged in the complaint was in April 2016
2026 NY Slip Op 05471, at the official text
None of the alleged statements that Maddrey made to the Daily News rise to a cognitable claim for defamation
2026 NY Slip Op 05471, at the official text
plaintiff's mere denial of receipt was insufficient to rebut the presumption
2026 NY Slip Op 05471, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 29, 2026 |
| Citation | 2026 NY Slip Op 05471 |
| Area of law | Personal Injury and Negligence · Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05471 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 646 |
Recommended citation
ESQ HQ, New York Law Watch, Foster v City of New York, 2026 NY Slip Op 05471 (Appellate Division, First Department, September 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05471/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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