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
| Court | Appellate Division, First Department |
|---|---|
| Decided | September 29, 2026 |
| Citation | 2026 NY Slip Op 05502 |
| Area of law | Civil Procedure |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05502 |
| 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 | 677 |
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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