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Appellate Division, First Department · October 1, 2026 · 2026 NY Slip Op 05596

Ellis v State of New York

Read the official decision: 2026 NY Slip Op 05596

Holding The court affirmed the dismissal of the wrongful death claim because the plaintiffs failed to demonstrate that the State owed a special duty to the infant. The State’s inaction or omissions in its government oversight functions, rather than affirmative actions placing the child in harm’s way, were insufficient to establish liability.

The court’s words

claimants failed to sustain their burden of showing that defendant owed a special duty to them or to the infant

2026 NY Slip Op 05596, at the official text

claimants' theories of liability stem from defendant's inaction or omissions when performing its government oversight functions

2026 NY Slip Op 05596, at the official text

they could not prove either direct contact with defendant or justifiable reliance on an affirmative undertaking by defendant

2026 NY Slip Op 05596, at the official text
CourtAppellate Division, First Department
DecidedOctober 1, 2026
Citation2026 NY Slip Op 05596
Area of lawPersonal Injury and Negligence
WeekWeek ending October 3, 2026
Official textOfficial decision: 2026 NY Slip Op 05596
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id756

Recommended citation

ESQ HQ, New York Law Watch, Ellis v State of New York, 2026 NY Slip Op 05596 (Appellate Division, First Department, October 1, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05596/

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 October 1, 2026. Updated October 1, 2026.