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Appellate Division, First Department · September 29, 2026 · 2026 NY Slip Op 05502

Rivera v City of New York

Read the official decision: 2026 NY Slip Op 05502

Holding 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.

The court’s words

Supreme Court did not improvidently exercise its discretion by accepting defendant's late opposition to plaintiff's motion

2026 NY Slip Op 05502, at the official text

plaintiff has not shown that he suffered any prejudice from acceptance of the late submission

2026 NY Slip Op 05502, at the official text

Supreme Court did not abuse its discretion in denying plaintiff's motion to strike defendant's answer

2026 NY Slip Op 05502, at the official text
CourtAppellate Division, First Department
DecidedSeptember 29, 2026
Citation2026 NY Slip Op 05502
Area of lawCivil Procedure
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05502
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id677

Recommended citation

ESQ HQ, New York Law Watch, Rivera v City of New York, 2026 NY Slip Op 05502 (Appellate Division, First Department, September 29, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05502/

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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Published September 29, 2026. Updated September 29, 2026.