Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06446
Odekirk v Fulton Commons Care Ctr., Inc.
Read the official decision: 2026 NY Slip Op 06446
This record is held from search listings because it does not meet the site’s substance floor; the official text is linked below.
Holding The court affirmed the dismissal of the gross negligence claim because the allegations were bare legal conclusions lacking factual specificity. The court further held that the plaintiff’s remaining contentions were improperly raised for the first time on appeal.
The court’s words
the allegations are no more than 'bare legal conclusions with no factual specificity [which] are insufficient to survive a motion to dismiss'
2026 NY Slip Op 06446, at the official text
The plaintiff's remaining contentions are improperly raised for the first time on appeal.
2026 NY Slip Op 06446, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06446 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06446 |
| 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 | 1741 |
Recommended citation
ESQ HQ, New York Law Watch, Odekirk v Fulton Commons Care Ctr., Inc., 2026 NY Slip Op 06446 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06446/
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.
Read how Law Watch works