Appellate Term, First Department · October 15, 2026 · 2026 NY Slip Op 51714[U]
Zigelstein v Shuping Tong
Read the official decision: 2026 NY Slip Op 51714[U]
Holding The court affirmed the dismissal of the trespass claim because the plaintiff failed to provide objective proof of property boundaries to establish a prima facie case. Additionally, the harassment claim was dismissed because New York law does not recognize a civil cause of action for harassment.
The court’s words
plaintiff failed to establish through admissible evidence that defendant's fence encroached on his property
2026 NY Slip Op 51714[U], at the official text
there was no objective proof of the boundaries of the property entered into evidence
2026 NY Slip Op 51714[U], at the official text
New York does not recognize a civil cause of action for harassment
2026 NY Slip Op 51714[U], at the official text
| Court | Appellate Term, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 51714[U] |
| Area of law | Personal Injury and Negligence |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 51714[U] |
| 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 | 1299 |
Recommended citation
ESQ HQ, New York Law Watch, Zigelstein v Shuping Tong, 2026 NY Slip Op 51714[U] (Appellate Term, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-51714-u/
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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