Appellate Division, Second Department · November 4, 2026 · 2026 NY Slip Op 06476
Sanih v Ben & Nino Auto Repair, Inc.
Read the official decision: 2026 NY Slip Op 06476
Holding The court affirmed the judgment in favor of the defendants, finding that conflicting testimony regarding the accident raised a credibility issue for the jury, thereby precluding judgment as a matter of law. Additionally, the court determined that the erroneous admission of photographs was harmless and that counsel’s improper comments did not deprive the plaintiff of a fair trial.
The court’s words
the parties presented conflicting testimony about the happening of the accident, which raised a credibility issue for determination by the jury
2026 NY Slip Op 06476, at the official text
the defendants failed to lay a proper foundation for admission of photographs of the steps at issue taken several months after the accident
2026 NY Slip Op 06476, at the official text
the conduct was not so pervasive or prejudicial as to have deprived the plaintiff of a fair trial
2026 NY Slip Op 06476, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | November 4, 2026 |
| Citation | 2026 NY Slip Op 06476 |
| Area of law | Personal Injury and Negligence |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06476 |
| 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 | 1771 |
Recommended citation
ESQ HQ, New York Law Watch, Sanih v Ben & Nino Auto Repair, Inc., 2026 NY Slip Op 06476 (Appellate Division, Second Department, November 4, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06476/
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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