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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

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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
CourtAppellate Division, Second Department
DecidedNovember 4, 2026
Citation2026 NY Slip Op 06446
Area of lawPersonal Injury and Negligence
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06446
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1741

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.

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Published November 4, 2026. Updated November 4, 2026.