Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06351
Wynter v City of New York
Read the official decision: 2026 NY Slip Op 06351
Holding The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a dismissal order because the plaintiff failed to submit admissible evidence supporting the claim that counsel appeared at the scheduled inquest. The court held that a party alleging appearance by counsel must provide evidence in admissible form to support that assertion.
The court’s words
the plaintiff failed to submit any evidence in admissible form to support this assertion
2026 NY Slip Op 06351, at the official text
Where a party alleges that it appeared by counsel, it must submit evidence in admissible form to support the assertion
2026 NY Slip Op 06351, at the official text
the Supreme Court providently exercised its discretion in denying the plaintiff's motion
2026 NY Slip Op 06351, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06351 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06351 |
| 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 | 1630 |
Recommended citation
ESQ HQ, New York Law Watch, Wynter v City of New York, 2026 NY Slip Op 06351 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06351/
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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