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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 1, 2026 |
| Citation | 2026 NY Slip Op 05596 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05596 |
| 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 | 756 |
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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