New York Law Watch
Decisions filed in November 2026
For November 2026, Law Watch lists 160 indexable decisions dated November 2, 2026 to November 12, 2026 across 2 decision weeks.
214 decision records: 160 meet the substance floor; 54 records are held from search listings.
Every decision that passed Law Watch’s clean-text gates in November 2026, from the official reporter. Decisions that do not meet the substance floor are listed but not indexed.
November 12, 2026
- Tenelema v H.T. Lyons Inc.2026 NY Slip Op 06587
The Appellate Division reversed the lower court’s grant of leave to serve a late notice of claim against Lavelle School for the Blind. The plaintiff failed to demonstrate that the defendant had actual knowledge of the essential facts of the claim or provided a reasonable excuse for the delay in filing.
- Shahid v New York Columbia-Presbyt. Hosp. Irving Med. Ctr.2026 NY Slip Op 06586
The dismissal of the medical malpractice complaint was affirmed because the plaintiff was not an authorized representative of the decedent’s estate and lacked the capacity to sue pro se. The court determined that only a personal representative with letters of administration could maintain the wrongful death and personal injury claims.
- Sanchez v Hanne2026 NY Slip Op 06585
The court affirmed summary judgment dismissing the plaintiff’s claims for serious injury because the defendants established that the plaintiff’s left knee injury was not causally related to the accident. The plaintiff failed to raise an issue of fact as his medical records were uncertified and his expert report was unaffirmed, leaving the defendants’ radiologist’s findings of chronic degeneration unrefuted.
- Matter of C.R.2026 NY Slip Op 06584
The petition was properly dismissed for facial insufficiency because the uncertified, unverified, and unsigned grand jury minutes submitted were hearsay, and the petition did not otherwise contain any nonhearsay allegations. The Presentment Agency was permitted to appeal the dismissal order because the respondent’s motion to dismiss was filed untimely, causing the order to be entered after the fact-finding hearing had commenced.
- People v Fioranelli2026 NY Slip Op 06582
The conviction for assault in the third degree and official misconduct was affirmed because the evidence was legally sufficient and not against the weight of the evidence. The court determined that the defendant, a police officer, lacked reasonable grounds to use pepper spray on a restrained victim.
- People v J.M.2026 NY Slip Op 06580
The appellate court affirmed the conviction and sentence but modified the judgment by striking probation conditions 14, 15, and 24 as unopposed. The court upheld the remaining probation conditions as reasonably related to the defendant’s rehabilitation, while declining to review unpreserved constitutional challenges.
- People v Henry2026 NY Slip Op 06579
The conviction for attempted burglary in the second degree was reversed due to ineffective assistance of counsel, as the grand jury evidence was legally insufficient to establish the requisite intent to commit a crime. The court found that counsel’s failure to properly litigate the insufficiency of the evidence after receiving the grand jury minutes implicated the voluntariness of the defendant’s guilty plea and waiver of appeal.
- People v Jimenez2026 NY Slip Op 06577
The court held that the detective lacked a good faith basis to believe the driver had authority to consent to the search of a bag she explicitly denied owning. Consequently, the search was unlawful, and the resulting evidence, including narcotics and items from a subsequent warrant, was suppressed.
- Matter of McGruder v Abyssinian Baptist Church in the City of N.Y., Inc.2026 NY Slip Op 06576
The court affirmed the dismissal of a petition to set aside a pastoral election, finding that the church bylaws required election by a majority of votes cast rather than all eligible members. The court further held that the petitioners’ allegations of irregularities were conclusory and failed to demonstrate fraud or a substantial likelihood that the election outcome was affected.
- Larrea v Sanitation Salvage Corp. et al.2026 NY Slip Op 06575
The court affirmed the exclusion of defendants’ biomechanical expert because the methodology was not generally accepted and lacked probative value due to unsupported assumptions. The court modified the judgment to reduce the past pain and suffering award from $2,000,000 to $1,350,000, finding the original amount materially deviated from reasonable compensation.
- Matter of S.L. v R.S.M.2026 NY Slip Op 06574
The Appellate Division affirmed the Family Court’s denial of the father’s petition for custody modification, finding no change in circumstances and upholding the lower court’s credibility determinations. The court also determined that any error in admitting the mother’s diary was harmless because the father failed to demonstrate prejudice.
- Iron Horse Credit LLC v Wilner2026 NY Slip Op 06573
The Appellate Division modified the lower court’s order to reinstate the plaintiff’s claim for breach of a release provision, finding that the defendant failed to show the release utterly refuted the plaintiff’s reasonable interpretation of the clause. The court also affirmed the denial of sanctions, noting the law firm was not a respondent and the omission was corrected in the amended complaint.
- Matter of Falu v Metropolitan Transp. Auth.2026 NY Slip Op 06571
The Appellate Division affirmed the dismissal of the petition as time-barred because the petitioner commenced the proceeding nearly one year after the final administrative determination. The court held that the determination was final and binding, and the dismissal was proper despite the petitioner’s arguments regarding the merits of his disciplinary suspension.
- De Los Santos v 512-514 Realty LLC2026 NY Slip Op 06570
The court affirmed the denial of summary judgment on the negligence claims due to triable issues of fact regarding smoke alarms, door maintenance, and superintendent training. However, the court granted summary judgment dismissing the cause of action for negligent infliction of emotional distress because the plaintiff failed to witness the decedent’s injury.
- BP Energy Company v LOLA Energy PetroCo LLC2026 NY Slip Op 06569
The Appellate Division affirmed the preliminary injunction enjoining the defendant from distributing encumbered proceeds, finding that the plaintiff demonstrated a probability of success on the merits, irreparable harm due to unauthorized asset transfers, and a favorable balance of equities. The court noted that the injunction merely enforced existing contractual restrictions against distributions during default.
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Shujing Wang)2026 NY Slip Op 06611
The court granted the respondent’s motion for reinstatement after determining by clear and convincing evidence that she satisfied the requisite character and fitness standards. The court further found that reinstatement would be in the public interest, ordering her reinstatement effective immediately.
- In the Matter of the Estate of David Howansky, Deceased. Timothy Howansky, Appellant; David Howansky Jr. et al., Respondents, et al., Respondent.2026 NY Slip Op 06604
The appeal is dismissed as moot because the successor executor resigned and an independent fiduciary was appointed, rendering the challenge to the appointment without practical consequences. Additionally, the petitioner is not an aggrieved party regarding the will’s probate because he consented to its admission.
- Cisario v Abele Tractor & Equip. Co., Inc.2026 NY Slip Op 06603
The Appellate Division affirmed the denial of the Town’s motion to dismiss because the record was insufficient to determine if the written notice provided to a highway department employee satisfied the statutory requirement of notice to the town clerk or superintendent of highways. The court found that discovery was necessary to clarify the internal forwarding of the notice and the functional equivalent of the abolished superintendent position.
- Matter of Miles v New York City Tr. Auth.2026 NY Slip Op 06602
The Workers’ Compensation Board’s disallowance of the claimant’s right wrist occupational disease claim was supported by substantial evidence because the medical opinions relied upon were not based on an understanding of the claimant’s relevant medical history. Consequently, there was a dearth of credible medical proof establishing a causal link between the distinctive feature of his occupation and the right wrist condition.
- Matter of Hahnenfeld v Good Samaritan Hosp.2026 NY Slip Op 06601
The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s request to amend her claim to include Long COVID, finding substantial evidence supported the determination that she failed to prove a causal connection between her April 2020 work-related infection and her later symptoms. The court noted that the claimant’s second, non-work-related infection and preexisting conditions complicated the medical evidence regarding causality.
- Matter of Zero Waste Ithaca v Ithaca City Planning & Dev. Bd.2026 NY Slip Op 06600
The Appellate Division affirmed the lower court’s dismissal of the petition, finding that the planning board’s issuance of a negative declaration under SEQRA was not arbitrary or capricious. The court determined that the board adequately identified pertinent areas of environmental concern and took a hard look at the evidence regarding synthetic turf risks.
- Matter of Pasinkoff v New York State & Local Retirement Sys.2026 NY Slip Op 06599
The court affirmed the dismissal of the petition, holding that the Comptroller’s determination was supported by substantial evidence and not irrational or unreasonable. The agency reasonably interpreted the statutes to set the petitioner’s contribution cessation date at the effective date of his transfer from a tier 6 to tier 4 membership, rather than his initial enrollment date.
- Matter of Bailey v Caledonia Mumford Cent. Sch. Dist.2026 NY Slip Op 06598
The court affirmed the denial of workers’ compensation benefits because the claimant failed to provide timely written notice of her injury to the employer. The Board’s determination that the employer was prejudiced by the delay and lacked adequate knowledge of the work-related injury was supported by the record.
- Matter of Scott E. v Annette D.2026 NY Slip Op 06597
The Appellate Division affirmed the Family Court’s award of primary physical custody to the father, finding that the mother’s relocation and the breakdown of the parties’ informal agreement constituted a change in circumstances. The court determined that the father provided a more stable environment given the mother’s ongoing struggle with alcoholism and her failure to disclose her relocation.
- People v Hart2026 NY Slip Op 06595
The court affirmed the conviction, determining that the defendant knowingly, voluntarily, and intelligently waived his right to appeal through a combined oral and written waiver. Consequently, the defendant’s challenges to the severity of the sentence and fine were precluded, while his plea voluntariness claims were deemed unpreserved.
- People v Ellis2026 NY Slip Op 06594
The appellate court affirmed the conviction, determining that the defendant’s appeal waiver was valid and voluntary despite being discussed after the plea. The court further held that the defendant’s unpreserved challenges to the voluntariness of the plea and the constitutionality of the statute were properly barred from review.
- People v Morrison2026 NY Slip Op 06593
The court affirmed the defendant’s convictions for second-degree murder and related offenses, finding that the weight of the evidence supported the jury’s rejection of the mental disease or defect defense. The court also determined that the trial court did not err in refusing to instruct the jury on justification and that the defendant’s claims of ineffective assistance of counsel were without merit.
- People v Tyndale2026 NY Slip Op 06592
The court affirmed the conviction, holding that the defendant’s combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary. Consequently, the defendant’s challenge to the severity of his sentence was precluded, while his competency and ineffective assistance claims were deemed unpreserved for review.
- People v Titus2026 NY Slip Op 06591
The court affirmed the judgment, holding that the defendant’s challenges to the order of protection were unpreserved for appellate review because he failed to raise them at sentencing. Additionally, the court declined to exercise its interest of justice jurisdiction because the order of protection was an agreed-upon term of the plea agreement.
- People v Valdes-Pica2026 NY Slip Op 06589
The appellate court affirmed the conviction, determining that the defendant’s valid appeal waiver precluded his challenge to the severity of the enhanced sentence. Additionally, the court found the defendant’s claim that his guilty plea was not knowingly and voluntarily made was unpreserved because he failed to pursue it in a postallocution motion.
- People v Mulverhill2026 NY Slip Op 06588
The court reversed the judgment and ordered a new trial because the trial court improperly denied for-cause challenges to prospective jurors who expressed bias based on the number of charges. The court found that the jurors were not adequately rehabilitated, and the defendant’s exhaustion of peremptory challenges rendered the error reversible.
November 10, 2026
- People v Wilson2026 NY Slip Op 06558
The court modified the judgment to strike probation conditions requiring the payment of a surcharge and fees, as well as a prohibition on gang affiliation, finding them not reasonably related to rehabilitation. The court affirmed the remaining probation conditions, including those related to drug testing and avoiding disreputable people, as reasonably related to the defendant’s rehabilitation.
- Walsh v Singho2026 NY Slip Op 06568
The Appellate Division reversed the summary judgment granted to the defendants, finding that the dashboard video and affidavits raised triable issues of fact regarding whether the defendant driver failed to yield and whether that failure was a proximate cause of the accident. The court determined that the police report and officer’s testimony were insufficient to establish the absence of fault.
- Ukekweh v City of New York2026 NY Slip Op 06567
The complaint against defendant Tabaroki was properly dismissed because the plaintiff failed to plead actual malice, a required element for a malicious prosecution claim. Additionally, the plaintiff’s Section 1983 claim was unpreserved and lacked evidence that the defendant acted under color of law.
- Then v Meridian Realty Inc.2026 NY Slip Op 06566
The appellate court reversed the summary judgment granted to the property owners because they failed to eliminate issues of fact regarding the plaintiff’s ability to identify the cause of her fall and the existence of constructive notice. The court affirmed the dismissal against a different defendant based on the plaintiff’s testimony that the accident occurred elsewhere.
- Tacora Nantucket Fin. LLC v Nantucket Capital Corp.2026 NY Slip Op 06565
The Appellate Division reversed the lower court’s denial of a preliminary injunction, granting an anti-suit injunction to stop defendants from prosecuting a California lawsuit. The court found that defendants acted in bad faith by concealing the California filing while engaging in settlement discussions and explicitly aiming to invalidate New York forum selection clauses.
- Hai Po Sun v Jung Hoon Son2026 NY Slip Op 06564
The Appellate Division reversed the summary judgment dismissing the defendant’s counterclaim, finding that triable issues of fact existed regarding whether the plaintiff acted in a personal capacity out of malice to interfere with the defendant’s employment. The court also reinstated the defendant’s affirmative defense of setoff because the alleged damages exceeded the amount due on the promissory note.
- Stone Sec. Serv. & Investigations Inc. v Panoramic Sec. & Consulting Servs., LLC2026 NY Slip Op 06563
The Appellate Division affirmed the lower court’s order holding defendants in civil contempt for violating a preliminary injunction that prohibited communication with a specific client. The court found that the defendants knowingly violated the injunction, and that willfulness is not a required element for civil contempt.
- People v Campbell2026 NY Slip Op 06560
The court affirmed the conviction and sentence, holding that the defendant waived his right to appeal the excessive sentence claim. Additionally, the court found that the defendant waived his argument regarding jury determination of tolling periods by admitting the allegations in the Predicate Felony Statement.
- People v Francois2026 NY Slip Op 06559
The court modified the probation conditions by striking those requiring payment of surcharges, firearm restrictions, gang-related restrictions, and consent to searches, as they were not reasonably related to rehabilitation. The court affirmed the remaining conditions, including those related to substance abuse and family support, as reasonably necessary.
- People v Rivera2026 NY Slip Op 06557
The conviction for burglary in the second degree was reversed because the trial court erroneously instructed the jury that the defendant could be convicted based on unlawfully remaining in the building. Because the jury was presented with mutually exclusive circumstances for entry and remaining, the error was not subject to harmless error analysis.
- People v Canady2026 NY Slip Op 06556
The court affirmed the defendant’s designation as a level three sexually violent offender, rejecting the argument that age-based risk factors should be ignored based on scientific research. Although the lower court’s findings were insufficient, the upward departure was justified by the severity of the defendant’s conduct, including rape and murder.
- Morton v Abihssira2026 NY Slip Op 06555
The court affirmed the dismissal of the plaintiff’s action because he lacked standing under RPAPL 1501(4) after his interest in the property was extinguished by a prior foreclosure sale. Additionally, the court found that the plaintiff had constructive notice of the foreclosure action as a tenant, binding him to the proceedings.
- Matter of A.M. (N.L.)2026 NY Slip Op 06554
The Appellate Division affirmed the Family Court’s finding that the appellant was legally responsible for the child and had abused the child, as the evidence established caretaking responsibilities and nonaccidental trauma. The court rejected the appellant’s claims of ineffective assistance of counsel and bias, finding that counsel pursued a reasonable strategy and no specific prejudicial conduct was identified.
- Logrono v City of New York2026 NY Slip Op 06553
The Appellate Division reversed the lower court’s denial of summary judgment, finding that the plaintiff was entitled to judgment as a matter of law on her Labor Law § 241(6) claims. The court determined that the doorway constituted a passageway and the storage area a working area, satisfying the requirements of the applicable Industrial Code regulations.
- Jesus M. Zeno, P.C. v Grullon2026 NY Slip Op 06552
The court affirmed the denial of the defendant’s motion to vacate the default judgment, finding that her bare denial of service was insufficient and that she waived the defense by filing a notice of appearance. The court modified the turnover order to exclude pension monies held in trust and real property located in the Dominican Republic, as these are exempt from turnover under CPLR 5225.
- Deshmukh v Kasowitz Benson Torres LLP2026 NY Slip Op 06550
The appellate court affirmed the order compelling arbitration, determining that a subsequent amended and restated partnership agreement containing an arbitration clause superseded a prior agreement that lacked such a clause. The court held that the subsequent agreement’s explicit language terminating and superseding prior agreements applied to disputes predating the new agreement, even where the employment relationship involved distinct periods.
- Matter of Anonymous v Trustees of Columbia Univ. in the City of N.Y.2026 NY Slip Op 06549
The Appellate Division affirmed the dismissal of the petition as time-barred because the university’s email stating admissions decisions were final constituted an unambiguously final decision. The court found that the petitioner failed to commence the proceeding within the statutory four-month period and did not demonstrate fraud to justify equitable estoppel.
- Lee v Zeitlin2026 NY Slip Op 51894(U)
The court granted defendants’ motion for letters rogatory to obtain trading records from the London Stock Exchange, finding the evidence crucial to the litigation and unavailable through domestic means. The court determined that the request was narrowly tailored and satisfied the stringent requirements for international discovery.
November 5, 2026
- Volquez v Wade Hampton Apts., Inc.2026 NY Slip Op 06548
The Appellate Division reversed the summary judgment dismissing the plaintiff’s Labor Law § 241(6) claim, finding that the plaintiff’s testimony regarding the saw’s defective guard and lack of protection raised triable issues of fact. The court determined that the plaintiff was not barred from recovery simply because he was not the operator of the circular saw that injured him.
- VNB N.Y., LLC v Yellow Raven Cab Corp.2026 NY Slip Op 06547
The plaintiff established prima facie entitlement to summary judgment on the note and guaranty, as the defendant’s failure to submit a signed extension agreement did not raise a triable issue of fact given objective evidence of intent. The court held that the plaintiff’s acceptance of reduced payments did not constitute a waiver of the right to full repayment due to the unambiguous no-waiver clause in the documents.
- Thorobird Grand LLC et al. v M. Melnick & Co., Inc. et al.2026 NY Slip Op 06546
The court affirmed the dismissal of plaintiffs’ claims for liquidated damages calculated on a per-building basis, holding that the construction contract limited such damages to the project as a whole. Additionally, the court ruled that the surety’s liability under the performance bond was capped at the general contractor’s contractual responsibilities, barring separate consequential damages.
- Spano v Solar-Fi Advisor, LLC2026 NY Slip Op 06545
The appellate court affirmed the dismissal of the amended complaint, finding that the plaintiffs failed to state viable claims for breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, or unjust enrichment. The court determined that the operating agreement’s merger approval provision was reasonably interpreted under Delaware law to require only a majority vote, and that further repleading would be futile.
- Sorto v SCI Funeral Servs. of N.Y., Inc.2026 NY Slip Op 06544
The court granted summary judgment dismissing the Labor Law § 200 claim and the § 241(6) claim based on 12 NYCRR 23-1.7(e)(1), but denied summary judgment on the § 241(6) claim based on 12 NYCRR 23-1.7(e)(2) due to an issue of fact regarding the integral to work doctrine. Additionally, the court granted the defendant conditional contractual indemnification against the sub-subcontractor.
- Shelby’s Toy Store Inc. v Shelby Evolution, LLC2026 NY Slip Op 06543
The court reversed the lower court’s denial of a motion to dismiss a fraudulent misrepresentation claim, finding the claim insufficient due to group pleading and a failure to plead elements with specificity. The court further held that damages for being induced to negotiate are not cognizable in fraud and that the claim was duplicative of the breach of contract claim.
- Rohlfing v 75 St. Nicholas Place, LLC2026 NY Slip Op 06542
The court modified the lower court’s order to join the new owner as a party defendant rather than substituting it for the former owner, because substitution would prejudice the plaintiffs’ ability to seek discovery regarding the former owner’s willful conduct. Carryover liability applies to the current owner for overcharges by prior owners, but substitution is improper where it hinders the tenant’s litigation against the original wrongdoer.
- Rexhepi v Astoria Park Realty LLC2026 NY Slip Op 06541
The court affirmed the dismissal of the complaint, holding that the plaintiff’s claim for a purchase price reduction under General Obligations Law § 5-1311 failed because the contract expressly allocated the risk of pre-closing loss and the plaintiff had waived inspection of the severely damaged property. The court found that the alleged damage was attributable to natural deterioration of the unsafe conditions the plaintiff knowingly accepted.
- Privilege Underwriters Reciprocal Exch. v SBP N.Y. LLC2026 NY Slip Op 06540
The court affirmed the dismissal of a common-law indemnification claim because the underlying complaint failed to allege that the indemnitor was vicariously liable for the indemnitee’s conduct. Vicarious liability is a necessary predicate for common-law indemnity, which was absent here.
- Pizzarotti, LLC v MDB Dev. Corp.2026 NY Slip Op 06539
The court affirmed the award of retainage damages without a trial because the plaintiff failed to raise a triable issue of fact regarding defects. However, it vacated the judgment regarding requisition number 10 and remanded for a trial because conflicting versions of the document created factual disputes over the damages amount and interest accrual date.
- People v Hough2026 NY Slip Op 06534
The court struck probation conditions 10, 15, 22, 23, and 24 because they were not reasonably related to the defendant’s rehabilitation, such as imposing fees or requiring substance abuse testing without evidence of related offenses. The court affirmed the conviction and sentence otherwise, declining to review unpreserved constitutional and statutory challenges to other conditions.
- People v Kemp2026 NY Slip Op 06532
The court struck four probation conditions as not reasonably related to the defendant’s rehabilitation, including prohibitions on gang affiliation and requirements for drug, alcohol, and psychiatric treatment. The court affirmed the remaining aspects of the judgment, noting that the defendant’s valid appeal waiver foreclosed review of his excessive sentence claim and as-applied constitutional challenges.
- People v Lopez2026 NY Slip Op 06531
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, finding that the court providently exercised its discretion in denying a downward departure. The court determined that the mitigating factors cited by the defendant were adequately considered by the risk assessment instrument and did not warrant an exceptional response.
- People v Mendes2026 NY Slip Op 06530
The conviction for manslaughter in the first degree was affirmed because the defendant was not entitled to notice of the Grand Jury proceeding before arraignment and the Batson challenge failed. The jury’s verdict was supported by the evidence, including the defendant’s repeated statements of intent to kill and the inference drawn from the severity of the stabbing.
- Love v Chang Li Supermarket, Inc.2026 NY Slip Op 06527
The Appellate Division reversed the dismissal of the complaint against the out-of-possession landlord because it failed to establish it was not contractually obligated to repair the roof, which caused the puddle. The court affirmed the denial of summary judgment for the tenant supermarket because triable issues of fact remained regarding actual or constructive notice of the hazard.
- Latifaj v 1251 Ams. Assoc., LP2026 NY Slip Op 06526
The court affirmed the grant of contractual indemnification to ABM Security and ABM Onsite against Universal, finding that the Asset Purchase Agreement clearly shifted liability for the security business. However, the court modified the order to dismiss the cross-claim for contribution against Universal because it was found to be free from negligence as a matter of law.
- I.M. v Hospital for Special Surgery2026 NY Slip Op 06525
The Appellate Division reversed the lower court’s denial of summary judgment, granting the defendants’ motions and dismissing the complaint because the plaintiff failed to present admissible evidence of a triable issue of fact. The court found that the plaintiff’s expert lacked the requisite specialty to opine on the specific care provided, and the plaintiff’s theories were either not properly pled or unsupported by the record.
- Matter of Groovy Vibes, LLC v New York City Sheriff’s Office2026 NY Slip Op 06523
The Appellate Division reversed the lower court’s award of attorneys’ fees because the petitioner failed to assert any substantial federal constitutional claim in its CPLR article 78 petition. Since the petitioner only raised federal arguments after judgment in support of the fee motion, the court lacked authority to award fees under 42 USC § 1988.
- Matter of Davis v Oddo2026 NY Slip Op 06522
The Appellate Division affirmed the dismissal of the petition because documentary evidence proved the landlord had filed the required gas piping inspection certification, rendering the Department of Buildings’ decision not to enforce the law neither arbitrary nor capricious. The court also upheld the denial of discovery regarding the document’s metadata, finding the petitioner failed to demonstrate unusual circumstances or an ample need for such disclosure.
- Matter of City of New York v VYS 1535 LLC2026 NY Slip Op 06521
The Appellate Division modified the lower court’s judgment to vacate the personal money judgment against the property owner and instead direct foreclosure and sale of the property to satisfy the relocation lien. The court held that the City met its prima facie burden by submitting the relocation lien as proof of expenses, and the owner failed to address the reasonableness of those expenses in opposition.
- Brigham v Arnold2026 NY Slip Op 06520
The appellate court affirmed the dismissal of the plaintiff’s defamation claims as time-barred and dismissed the architectural malpractice and fraud claims due to a lack of privity and justifiable reliance. The court determined that the plaintiff’s prior adversarial litigation against the defendants negated any reasonable reliance on their representations.
- Anil v City of New York2026 NY Slip Op 06519
The Appellate Division reversed the lower court’s order compelling the deposition of a defendant named in his official capacity, finding the plaintiff failed to demonstrate the deposition was material and necessary to her claims. The court also dismissed the plaintiff’s cross-appeal for lack of aggrievement because the order below was decided in her favor.
- Ahmed v Choudhry2026 NY Slip Op 06518
The Appellate Division affirmed the dismissal of the complaint, finding that the plaintiff’s claims were time-barred and that equitable estoppel did not apply due to a lack of due diligence. The court further held that several causes of action, including civil embezzlement and attorneys’ fees, were not recognized as independent claims in New York.
- Matter of Protect the Adirondacks! Inc. v New York State Dept. of Envtl. Conservation2026 NY Slip Op 06497
The court affirmed the dismissal of the petition, holding that the Master Plan and Unit Management Plan do not impose a nondiscretionary duty on the Department of Environmental Conservation to conduct a carrying capacity study. Because the relevant provisions are aspirational rather than mandatory, mandamus relief is unavailable to compel the agency’s exercise of professional judgment.
- Matter of Lerner2026 NY Slip Op 06516
The court granted David A. Lerner’s application to resign from the New York bar for nondisciplinary reasons. His name was stricken from the roll of attorneys and he was ordered to desist from the practice of law in the State of New York.
- Matter of Wagner2026 NY Slip Op 06512
The court granted the attorney’s application for permission to resign from the New York bar for nondisciplinary reasons. Consequently, the attorney’s name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in the state.
- Matter of Moy2026 NY Slip Op 06510
The court granted the attorney’s application to resign from the New York bar for nondisciplinary reasons. Consequently, his name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in the state.
- Matter of Mack v Martuscello2026 NY Slip Op 06508
The court confirmed the disciplinary determination finding the petitioner guilty of making false statements and obstructing visibility, as substantial evidence supported the guilt. The court held that Correction Law § 138 (7) does not shield an incarcerated individual from being charged in a misbehavior report for intentionally filing a false misconduct report.
- Matter of Doe v Ithaca City Sch. Dist.2026 NY Slip Op 06507
The court affirmed the dismissal of the petition because the petitioner failed to exhaust available administrative remedies by discontinuing her appeals to the Commissioner of Education. The court rejected the petitioner’s arguments that administrative review would be futile or cause irreparable injury, noting that the Commissioner had the authority to stay the exclusion and that homeschooling was an alternative.
- Matter of Devaughn v Malark2026 NY Slip Op 06506
The court confirmed the disciplinary determination finding the petitioner guilty of smuggling and possessing a weapon, as supported by substantial evidence. The court also rejected the petitioner’s claim that his hearing representative was improperly removed, noting his disruptive conduct justified the decision.
- Rosenthal v State of New York2026 NY Slip Op 06504
The court held that a whistleblower retaliation claim under Civil Service Law § 75-b may be based on a government’s passive inaction rather than affirmative misconduct, reversing the dismissal of that claim. The court affirmed the dismissal of the defamation claim as untimely and the due process claim due to the availability of adequate alternative remedies.
- Matter of Facciolo (Commissioner of Labor)2026 NY Slip Op 06503
The court withheld decision and remitted the matter to the Unemployment Insurance Appeal Board because the Board failed to address whether the claimant’s September 2023 filing constituted a valid original claim. The court determined that the Board was required to make explicit findings on this issue rather than dismissing it as not properly before it.
- Doe v Roe2026 NY Slip Op 06502
The court affirmed the dismissal of the complaint, holding that the defendant retained her Washington domicile while attending college in New York, thus precluding general jurisdiction. Additionally, the court found that the defendant’s academic activities did not constitute the continuous commercial presence required for general jurisdiction, and the defamation claim was excluded from specific jurisdiction under the long-arm statute.
- Matter of Waldin v City of Cohoes2026 NY Slip Op 06501
The court affirmed the dismissal of the petition, holding that the city code’s requirement for the highest negotiated annual percentage increase did not apply to a one-time salary chart restructuring. Consequently, the petitioners were only entitled to the 4% annual increase granted to the animal control officer, not the 7.01% increase resulting from the restructuring.
- Sinagra v Costello2026 NY Slip Op 06500
The court affirmed the dismissal of the defamation complaint, determining that the challenged statements by town officials were protected expressions of opinion rather than actionable assertions of fact. The court found that the remarks were not reasonably susceptible of a defamatory meaning and did not imply undisclosed facts detrimental to the plaintiff.
- Matter of Clancy v New York State Dept. of Motor Vehs.2026 NY Slip Op 06499
The court held that a driver’s license revocation hearing did not violate due process when the arresting officer testified via audio-only telephone rather than video. The court found that the petitioner had the opportunity to cross-examine the witness and that the administrative burden of requiring video access outweighed the minimal risk of erroneous deprivation.
- Deutsche Bank Trust Company Americas, as Trustee, Appellant, v Marie Leis et al., Defendants.2026 NY Slip Op 06498
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a dismissal for abandonment, finding that the plaintiff failed to demonstrate a reasonable excuse for its prolonged delay. The court held that the plaintiff’s lack of factual allegations regarding the cause of the default and the subsequent six-year inactivity precluded relief under CPLR 5015(a)(1).
- Matter of Raissi v Entertainment Partners2026 NY Slip Op 06496
The Appellate Division affirmed the Workers’ Compensation Board’s denial of the claimant’s application for reconsideration and full Board review. The court determined that the claimant failed to demonstrate newly discovered evidence or a material change in condition, rendering the denial not arbitrary or capricious.
- People v Dones2026 NY Slip Op 06494
The Appellate Division affirmed the revocation of probation and imposition of concurrent four-year prison terms, finding the sentence not harsh or excessive. The court noted that the defendant had been previously warned of incarceration for a second violation and had fled from a traffic stop.
- People v Baublitz2026 NY Slip Op 06493
The appellate court affirmed the convictions for burglary in the first degree and attempted robbery in the second degree, finding the verdict supported by legally sufficient evidence and not against the weight of the evidence. The court also held that the trial court did not abuse its discretion in denying a missing witness charge and that the defendant received meaningful representation.
- People v Grugan2026 NY Slip Op 06492
The appellate court affirmed the conviction for predatory sexual assault against a child, finding that the evidence was legally sufficient and not against the weight of the evidence to establish the element of oral sexual conduct. The court also declined to modify the sentence of 15 years to life in prison, determining it was not unduly harsh or severe.
- People v Wilson2026 NY Slip Op 06491
The court affirmed the convictions, finding that the evidence sufficiently proved the defendant was the driver of the vehicle and that the DWI charges were not inclusory concurrent counts of the vehicular assault charges. The court also rejected the defendant’s weight of the evidence challenge and his claims regarding the suppression of pre-Miranda statements.
- People v Herbert2026 NY Slip Op 06490
The court affirmed the conviction, finding that the accomplice testimony was sufficiently corroborated by phone records and physical evidence to establish constructive possession of the drugs. Additionally, the court held that the trial court did not err in admitting the phone records under Molineux or in denying the defendant’s CPL 440.10 motion without appointing counsel.
- People v Jacobs2026 NY Slip Op 06489
The court affirmed the judgment, finding that the defendant’s admission of a probation violation was knowing, voluntary, and intelligent. The appellate court determined that the defendant’s claim of coercion was conclusory and unsupported by the record, which showed she acted freely after consulting with counsel.
- People v Crawley2026 NY Slip Op 06488
The appellate court affirmed the judgment, finding that the evidence was sufficient to support the convictions for aggravated driving while intoxicated and related offenses, and that the warrantless arrest and vehicle search were supported by probable cause. The court further determined that the testimony regarding field sobriety tests was admissible as part of the narrative of events leading to the arrest.
November 4, 2026
- Wilmington Savings Fund Society, FSB v Kogan2026 NY Slip Op 06485
The court held that the plaintiff was estopped from arguing that the mortgage debt was not validly accelerated by a prior 2007 action because that action was dismissed for failure to comply with a court order, not for lack of standing. Consequently, the 2015 foreclosure action was time-barred under the six-year statute of limitations.
- Webb v Primez Trucking, Inc.2026 NY Slip Op 06484
The court reversed the lower court’s denial of summary judgment on liability, finding that the plaintiffs established a prima facie case of negligence through the rear-end collision. The defendants failed to raise a triable issue of fact regarding a nonnegligent explanation or the emergency doctrine, particularly given the driver’s admission that he did not see the plaintiffs’ vehicle until impact.
- U.S. Bank N.A. v Walker2026 NY Slip Op 06482
The plaintiff failed to establish standing or strict compliance with RPAPL 1304, requiring the denial of its motion for summary judgment. However, the defendants failed to meet their burden on cross-motion to dismiss the complaint based on those same grounds.
- U.S. Bank N.A. v Rahman2026 NY Slip Op 06481
The court affirmed the dismissal of the foreclosure action as time-barred because the statute of limitations began running when the plaintiff accelerated the debt in a prior action. The court held that the Foreclosure Abuse Prevention Act prohibits a noteholder from unilaterally revoking a prior election to accelerate the debt.
- U.S. Bank N.A. v Baidoo2026 NY Slip Op 06480
The appellate court affirmed the denial of the defendant’s motion to vacate the summary judgment and foreclosure judgment because she failed to offer a reasonable excuse for her default in opposing the plaintiff’s motions. Consequently, the defendant was precluded from asserting defenses based on lack of standing or failure to comply with RPAPL 1304.
- Trautmann v Stellar 341, LLC2026 NY Slip Op 06479
The court affirmed the denial of the defendants’ motion to dismiss, finding that the plaintiffs sufficiently stated causes of action for adverse possession and the doctrine of practical location. The court determined that the documentary evidence submitted by the defendants was insufficient to utterly refute the plaintiffs’ factual allegations.
- Thomas J. McCarthy Real Estate, Inc. v Herlin2026 NY Slip Op 06478
The Appellate Division affirmed the dismissal of the broker’s claim for a commission because the plaintiffs failed to establish that they produced a buyer who was ready, willing, and able to purchase the property. The court determined that the evidence demonstrated the purchasers did not meet the contractual requirements for the commission to be earned.
- Sibrizzi v Strickland2026 NY Slip Op 06477
The court affirmed the dismissal of the medical malpractice complaint because the plaintiff’s expert opinion lacked probative value and failed to raise a triable issue of fact. Additionally, the court directed a show cause proceeding regarding sanctions against the plaintiff’s counsel for misrepresenting citations in their brief.
- Sanih v Ben & Nino Auto Repair, Inc.2026 NY Slip Op 06476
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.
- Rahman v B & K Realty Assoc., LLC2026 NY Slip Op 06475
The court affirmed the dismissal of the claim against the City of New York due to the lack of prior written notice but reversed the dismissal against the non-City defendants. The non-City defendants failed to establish that they did not create the hazardous condition involving the fence in the tree well.
- Perez v Levister Redevelopment Co., LLC2026 NY Slip Op 06473
The court reversed the lower court’s denial of dismissal, holding that a plaintiff who filed suit as a proposed administratrix before receiving letters of administration lacked capacity to bring wrongful death and survival claims. Because the plaintiff failed to seek substitution within a reasonable time and made no allegations supporting individual capacity claims, dismissal was proper.
- People v County of Nassau2026 NY Slip Op 06472
The local law prohibiting the use of county park property for sporting events that allow biological males to compete on teams designated for females is invalid as preempted by the New York State Human Rights Law and Civil Rights Law. The court held that the law constitutes discrimination based on gender identity or expression, which is expressly prohibited by state law.
- People v Dreyer2026 NY Slip Op 06471
The County Court properly designated the defendant a level two sex offender under the Sex Offender Registration Act. The court affirmed the assessment of points for risk factors 5 and 7, finding that the People established the victims’ ages and the nature of the relationship by clear and convincing evidence.
- People v Tietje2026 NY Slip Op 06467
The appellate court affirmed the judgment of conviction for operating a motor vehicle while under the influence of alcohol, finding that the defendant’s challenges to the ignition interlock device condition and the surcharge were unpreserved for review and without merit. The court also determined that the defendant’s remaining contention was academic.
- People v Taylor2026 NY Slip Op 06466
The Supreme Court providently exercised its discretion in denying the defendant’s application for a competency examination and a day-before request for an adjournment based on religious beliefs. The court further affirmed the convictions for attempted robbery, finding the evidence legally sufficient and not against the weight of the evidence.
- People v Sasso2026 NY Slip Op 06464
The court affirmed the convictions but modified the judgment to make all sentences run concurrently, finding the original consecutive sentence excessive. The court declined to review mixed claims of ineffective assistance of counsel, directing the defendant to pursue them in a CPL 440.10 proceeding.
- People v Santana2026 NY Slip Op 06463
The court granted the motion of assigned counsel to withdraw because the submitted Anders brief was deficient for failing to analyze potential appellate issues with reference to legal authority. Consequently, the court assigned new counsel to represent the appellant and directed them to file a brief within 90 days.
- People v Reyes-Fuentes2026 NY Slip Op 06462
The court affirmed the judgments, holding that the defendant’s valid waiver of the right to appeal precluded review of sentence excessiveness and factual sufficiency challenges. However, the court reviewed the claim that factual insufficiency rendered the pleas involuntary, finding the pleas were voluntary and intelligent because the defendant admitted to each element of the charged crimes.
- People v Portillo2026 NY Slip Op 06460
The judgment of conviction for rape in the first degree and other sexual offenses is affirmed because the evidence was legally sufficient and the verdict was not against the weight of the evidence. The court also held that the trial court properly limited cross-examination regarding a speculative motive to fabricate and that the sentence was not excessive.
- People v Martin2026 NY Slip Op 06456
The court affirmed the judgment, holding that the suppression of identification evidence was properly denied because the officer’s identification was confirmatory, and the search warrant was supported by probable cause. Additionally, the court ruled that a guilty plea precludes a challenge to the sufficiency of the evidence presented to the grand jury.
- People v Lang2026 NY Slip Op 06455
The court affirmed the conviction, holding that the odor of marijuana emanating from a vehicle provided sufficient probable cause to search the vehicle and its occupants under the law existing in 2020. Additionally, the trial court did not abuse its discretion in limiting cross-examination regarding unsubstantiated allegations of witness misconduct.
- People v Harkless2026 NY Slip Op 06452
The court vacated the duration of orders of protection because they exceeded the statutory maximum and the defendant could not practically object due to the court’s failure to announce the duration. The court also waived mandatory surcharges and fees in the interest of justice with the People’s consent.
- People v Abbosov2026 NY Slip Op 06450
The appellate court affirmed the conviction, finding that the trial court properly denied a motion for a mistrial regarding interpreter accuracy and appropriately limited cross-examination on collateral issues. Additionally, the court determined that the defendant’s right to be present was not violated because the excluded colloquy involved only questions of law or procedure.
- Palacio v Boro Tr., Inc.2026 NY Slip Op 06448
The court affirmed the grant of summary judgment on liability, finding that the bus driver was negligent for making a right turn from the left lane in violation of traffic laws. The court also held that the plaintiff was not comparatively negligent because the abrupt turn left him insufficient time to avoid the collision.
- Nationstar Mtge., LLC v Greenfeld2026 NY Slip Op 06445
The court affirmed the dismissal of the foreclosure action as time-barred, holding that the Foreclosure Abuse Prevention Act (FAPA) retroactively applied to preclude the plaintiff from using the CPLR 205(a) savings provision. The court determined that a dismissal under CPLR 3215(c) constitutes neglect to prosecute under FAPA, thereby barring the plaintiff from relying on the six-month savings provision to revive the claim.
- Matter of Puccio v Department of Educ. of City of New York2026 NY Slip Op 06444
The petitioner did not acquire tenure by estoppel because his employment was terminated within the four-year probationary period, as summer employment does not extend the calendar year calculation. The Department of Education’s decision to terminate the petitioner was not arbitrary and capricious, and the petitioner failed to prove the termination was done in bad faith or for illegal reasons.
- Matter of Polizzotto & Polizzotto, LLC v Kohn2026 NY Slip Op 06443
The Appellate Division reversed the lower court’s apportionment of attorney’s fees, finding that the outgoing attorney’s contributions were proportionally and substantively greater than the current attorney’s. The court awarded the outgoing attorney 83⅓% of the net contingency fee and the current attorney 16⅔%.
- Matter of O’Brien v City of New York2026 NY Slip Op 06442
The court reversed the lower court’s judgment and dismissed the proceeding because the petitioners lacked standing, as they failed to demonstrate a concrete injury-in-fact from the publication of the supplemental roll or the receipt of initial determination notices. The court held that generalized confusion, privacy concerns, and the burden of complying with statutory exemption procedures do not constitute cognizable harm sufficient to confer standing.
- Matter of NBM Dev., LLC v Tax Commn. of City of New York2026 NY Slip Op 06441
The court affirmed the lower court’s decision to consolidate seven related tax certiorari proceedings and grant summary judgment to the petitioner. The property was reclassified from class four commercial to class one residential because it was a vacant lot zoned R3-2, entitling the petitioner to reduced assessments and tax refunds.
- Matter of Licatesi Law Group, LLP v Bachu, Bedesi & Nguyen2026 NY Slip Op 06440
The Appellate Division affirmed the lower court’s award of 100% of the net contingency fee to the original law firm because it established that the settlement was achieved solely through its efforts. The subsequent law firm failed to provide time records or other evidence to demonstrate their contribution to the outcome.
- Matter of Hasko v Kikalenios2026 NY Slip Op 06439
The Appellate Division reversed the Family Court’s dismissal of the father’s petition to modify custody, finding that his allegations of a change in circumstances warranted a full hearing. The court determined that the father made the requisite threshold evidentiary showing to require a plenary hearing on whether the existing custody arrangement continued to serve the child’s best interests.
- Matter of Harris2026 NY Slip Op 06438
The court imposed reciprocal disbarment on the respondent based on his consent to disbarment in New Jersey for misappropriating client funds and other misconduct. The court found that the respondent’s failure to respond to the order to show cause warranted immediate disbarment and striking his name from the roll of attorneys.
- Matter of DePasquale v New York City Employees’ Retirement Sys.2026 NY Slip Op 06437
The Appellate Division affirmed the lower court’s judgment annulling the Board of Trustees’ denial of World Trade Center disability retirement benefits. The court found that the Medical Board’s determination was arbitrary and capricious because it lacked a rational basis and failed to rebut the statutory presumption of causation.
- Matter of Benjamin Beechwood Ocean Way, LLC v Niblack2026 NY Slip Op 06436
The court affirmed the lower court’s judgment, holding that the Department of Finance committed an error of law by failing to classify a vacant lot zoned residential in Queens as tax class one. The court determined that such property must be classified as tax class one regardless of any commercial overlay.
- Matter of Benjamin Beechwood Ocean Way, LLC v Niblack2026 NY Slip Op 06435
The court affirmed the lower court’s decision to annul the Department of Finance’s determinations, holding that the failure to classify vacant residentially zoned land in Queens as tax class one was an error of law. The court determined that such property must be classified as tax class one regardless of any commercial overlay.
- Matter of Arcila v Town of N. Hempstead2026 NY Slip Op 06434
The Appellate Division reversed the lower court’s denial of the petition, granting the request to deem the late notice of claim timely served nunc pro tunc. The court found that the petitioner demonstrated a reasonable excuse for the one-day delay and that the municipality acquired actual knowledge of the essential facts, failing to show substantial prejudice.
- Matter of 99 Wash. LD Holdings, LLC v Zoning Bd. of Appeals of the Vil. of Suffern2026 NY Slip Op 06433
The Appellate Division affirmed the lower court’s dismissal of the petition as time-barred because the proceeding was commenced more than 30 days after the Zoning Board of Appeals’ decision was filed with the village clerk. The court held that the 30-day statute of limitations under Village Law § 7-712-c(1) applied, rendering the petition untimely.
- Matter of 245 Sullivan Ave, LLC v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06432
The court affirmed the denial of the petition, finding that DHCR’s determination that the building was not substantially rehabilitated was rationally based and not arbitrary. The court also held that the agency did not improperly deviate from precedent and that the petitioner received due process.
- Matter of 23-25 Astoria Blvd, LLC v Niblack2026 NY Slip Op 06431
The Department of Finance committed an error of law by failing to classify a vacant lot in Queens zoned residential as tax class one. The court affirmed the lower court’s decision to annul the denial and direct reclassification, noting that commercial overlays do not prevent such classification outside Manhattan.
- MTGLQ Investors, L.P. v Mazza2026 NY Slip Op 06430
The court affirmed the dismissal of the foreclosure action as time-barred because the debt was accelerated by a prior action that was dismissed for neglect, thereby precluding the plaintiff from using the savings provision of CPLR 205-a under the Foreclosure Abuse Prevention Act. The court further held that the retroactive application of FAPA to this action was constitutional and did not violate due process or contract clauses.
- Manzo v Scanlon2026 NY Slip Op 06428
The Appellate Division reversed the lower court’s grant of summary judgment dismissing the complaint, finding that the plaintiffs raised a triable issue of fact regarding the corporation’s capacity through evidence of reinstatement and that the law of the case doctrine did not bar the individual plaintiff’s claim. The matter was remitted for a new determination of the plaintiffs’ cross-motion for summary judgment.
- Long Is. Roller Rebels v County of Nassau2026 NY Slip Op 06427
The local law prohibiting the use of county park property for sporting events that allow biological males to compete in women’s categories is invalid because it is preempted by the New York State Human Rights Law and Civil Rights Law § 40-c. The court held that the law discriminates based on gender identity or expression, which is expressly prohibited for places of public accommodation.
- Levy v Jurak2026 NY Slip Op 06426
The Appellate Division affirmed the lower court’s grant of summary judgment dismissing the medical malpractice claim against the defendants. The court found that the defendants met their prima facie burden by showing no departure from the standard of care, while the plaintiffs failed to raise a triable issue of fact because their expert’s opinion was speculative and conclusory.
- LaSalle Bank Natl. Assn. v Blake2026 NY Slip Op 06425
The defendant waived her defenses of lack of personal jurisdiction and failure to comply with CPLR 306-b by participating in the litigation on the merits without raising those objections. Consequently, the Supreme Court properly denied her motions to vacate the dismissal order and to vacate her default judgment.
- Landry v K&A Engg. Consulting, P.C.2026 NY Slip Op 06424
The Appellate Division affirmed the lower court’s grant of summary judgment dismissing the plaintiff’s retaliation claims under Labor Law §§ 215 and 740. The court found that the defendants established that the termination was based on the plaintiff’s failure to perform his duties rather than protected activity.
- Irish v Tropical Emerald, LLC2026 NY Slip Op 06423
The plaintiff is not collaterally estopped from asserting claims under the NYSHRL and NYCHRL based on a prior federal court’s dismissal of ADA claims because the state laws require independent analysis under different legal thresholds. The federal court’s determination that barrier removal was not ‘readily achievable’ under the ADA does not preclude the plaintiff from arguing that such removal would not cause ‘undue hardship’ under the NYCHRL or NYSHRL.
- Imtiaz v Tapia2026 NY Slip Op 06422
The Appellate Division reversed the lower court’s order, granting the defendants leave to amend their answer to assert the emergency doctrine and granting summary judgment dismissing the complaint against them. The court found that the defendants established they were not negligent in responding to an emergency not of their own making, and the plaintiff failed to raise a triable issue of fact.
- Haynes v Lemus2026 NY Slip Op 06420
The Appellate Division affirmed the judgment dismissing the complaint, finding that the jury’s verdict that the plaintiff did not sustain a serious injury under Insurance Law § 5102(d) was supported by a fair interpretation of the evidence. The court held that the verdict was not contrary to the weight of the evidence, particularly given the presence of conflicting expert testimony.
- Gomez v Khatib2026 NY Slip Op 06419
The Appellate Division reversed the lower court’s grant of summary judgment in favor of the driver and Lyft defendants because the plaintiff raised a triable issue of fact regarding a potential impact with a third vehicle. The defendants failed to establish their freedom from negligence as a matter of law due to conflicting accounts of the number of impacts involved in the accident.
- Estate of Tadeusz W. Czajkowski, et al., v. City of New York, et al.2026 NY Slip Op 06418
The Appellate Division affirmed the denial of the plaintiffs’ motion for leave to renew their opposition to the dismissal of the complaint. The court determined that the plaintiffs failed to present any new facts or evidence that would have altered the prior determination regarding the dismissal.
- Eagan v Gingo2026 NY Slip Op 06417
The defendants failed to meet their prima facie burden of showing the plaintiff did not sustain a serious injury under Insurance Law § 5102(d) because their experts did not adequately substantiate that the plaintiff’s limitations were voluntary. The plaintiff established a prima facie case of liability and lack of comparative negligence by proving her vehicle was stopped at a red light when struck in the rear.
- DSSR Realty Corp v President Sai II, LLC2026 NY Slip Op 06416
The court granted summary judgment on liability to the plaintiffs, finding that the defendants were strictly liable for property damage caused by excavation under the New York City Building Code. The court affirmed the denial of the defendant’s motion to dismiss the claim as time-barred because the property continued to sustain damages within the statutory period.
- Dranovsky v Bukh2026 NY Slip Op 06415
The court affirmed the denial of summary judgment on the breach of contract claim but reversed the denial on the fraud claim. The fraud claim was dismissed because it was based on the same allegations as the breach of contract claim.
- Desrosiers v U.S. Bank Natl. Assn.2026 NY Slip Op 06414
The court affirmed the summary judgment cancelling the mortgage, holding that the statute of limitations began to run when the prior foreclosure action was commenced, regardless of the plaintiff’s standing. The defendants were estopped from arguing the debt was not validly accelerated because the prior action was not dismissed based on an expressed judicial determination of invalid acceleration.
- Citibank, N.A. v Grunberger2026 NY Slip Op 06413
The Appellate Division affirmed the lower court’s order granting the plaintiff’s motion to extend the time to serve the summons and complaint in the interest of justice. The court determined that the extension was appropriate because the statute of limitations had expired, the delay was not particularly egregious, and there was no identifiable prejudice to the defendant.
- Citadel Med. Mgt., Inc. v Statcare Urgent & Walk In Med., PLLC2026 NY Slip Op 06412
The Appellate Division reversed the lower court’s order vacating a dismissal for failure to appear at a compliance conference because the plaintiff failed to provide a detailed and credible explanation for the default. The court found that the plaintiff’s claims of a medical condition and a calendaring error were unsupported by evidence or sufficient detail to constitute a reasonable excuse.
- Cinque v Glen Oaks Vil. Owners, Inc.2026 NY Slip Op 06411
The court affirmed the denial of the motion to dismiss the trespass and intentional infliction of emotional distress claims, finding the allegations sufficient to state viable causes of action. However, the court modified the order to dismiss the prima facie tort claim because the complaint failed to allege disinterested malevolence or specific pecuniary special damages.
- Catalano v Catalano2026 NY Slip Op 06410
The Appellate Division affirmed the lower court’s imposition of a constructive trust on real property, finding that the plaintiff established the requisite elements by clear and convincing evidence. The court determined that the defendants’ refusal to reconvey title after an oral promise constituted unjust enrichment, and that the trust was not barred by the statute of frauds.
- Blue Castle (Cayman), Ltd. v Dacosta2026 NY Slip Op 06409
The court affirmed the foreclosure judgment, holding that New York’s statute of limitations does not apply to mortgage foreclosure actions where the note was previously held by a federal agency like GNMA. As an assignee of a federal agency, the plaintiff was immune from state limitations periods, thereby defeating the defendants’ affirmative defense that the action was time-barred.
- Bank of N.Y. Mellon v Portz2026 NY Slip Op 06408
The Appellate Division affirmed the lower court’s grant of the plaintiff’s motion to voluntarily discontinue the foreclosure action without prejudice. The court determined that the plaintiff was entitled to leave to discontinue absent a showing of special circumstances or substantial prejudice to the defendant.
- Baier v City of Long Beach2026 NY Slip Op 06407
The court reversed the lower court’s grant of summary judgment to the assisted living facility because the facility failed to establish that it did not control the area where the plaintiff fell. The court also granted the plaintiff’s cross-motion to amend the bill of particulars, finding no prejudice to the defendant.
- Atlantic Adult Day Care Ctr., Inc. v Temple Beth El of Manhattan Beach2026 NY Slip Op 06406
The Appellate Division granted summary judgment to the defendant on its counterclaim for ejectment and dismissed the plaintiffs’ claims for injunctive relief, specific enforcement, breach of the implied covenant, and declaratory relief. The court determined that the defendant validly terminated the lease due to the plaintiffs’ failure to pay rent, rendering the plaintiffs’ remaining claims duplicative or unnecessary.
- ARCPE 1, LLC v Canales2026 NY Slip Op 06405
The court reversed the lower court’s order, granting the defendant’s motion to dismiss for lack of personal jurisdiction due to improper service of process. The plaintiff failed to establish good cause for an extension of time to serve or that alternative service was warranted under CPLR 308(5).
- Allen v Bradley2026 NY Slip Op 06404
The court affirmed the summary judgment dismissing the complaint against the defendants because they established that the third-party driver’s negligence per se was the sole proximate cause of the accident. The plaintiff failed to raise a triable issue of fact to rebut the defendants’ prima facie showing of non-fault.
- Al-Hamid v New York City Tr. Auth.2026 NY Slip Op 06403
The court granted summary judgment on liability against the rear-end driver because their claim of brake failure was contradicted by evidence that the brakes were functioning properly. The court also granted summary judgment dismissing the comparative fault defense, as the plaintiff was an innocent passenger, but denied the motion to dismiss the seatbelt defense due to triable issues of fact.
November 2, 2026
- Kaplan v Circle Internet Group Inc.2026 NY Slip Op 26202
The court granted Circle’s motion to dismiss, holding that Circle owed no duty of care to the plaintiff absent a prior relationship or court order, and that its inaction did not constitute aiding and abetting. The court denied Uneven Labs’ motion to dismiss without prejudice, finding that the plaintiff made a sufficient start to establish personal jurisdiction to warrant discovery.
Also decided
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Stone) 2026 NY Slip Op 06610 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Hao Qiao) 2026 NY Slip Op 06609 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Phillips) 2026 NY Slip Op 06608 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Gerson) 2026 NY Slip Op 06607 November 12, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Filous) 2026 NY Slip Op 06606 November 12, 2026
- People ex rel. Best v Superintendent of Clinton Corr. Facility 2026 NY Slip Op 06605 November 12, 2026
- People v Byrd 2026 NY Slip Op 06583 November 12, 2026
- People v Bush 2026 NY Slip Op 06581 November 12, 2026
- People v Williams 2026 NY Slip Op 06578 November 12, 2026
- People v Noor 2026 NY Slip Op 06596 November 12, 2026
- Invictus Global Management, LLC et al. v Corbin Capital Partners, L.P. et al. 2026 NY Slip Op 06572 November 12, 2026
- People v Scott 2026 NY Slip Op 06590 November 12, 2026
- Reyes v Hoffman St. Dev. LLC 2026 NY Slip Op 06562 November 10, 2026
- Matter of People v Maginley-Liddie 2026 NY Slip Op 06561 November 10, 2026
- Fata v Duncan 2026 NY Slip Op 06551 November 10, 2026
- Mount Sinai Health Partners IPA, LLC v Health Insurance Plan of Greater New York 2026 NY Slip Op 51869(U) November 6, 2026
- Matter of Rust 2026 NY Slip Op 06517 November 5, 2026
- Matter of Erceg 2026 NY Slip Op 06515 November 5, 2026
- Matter of Catalinotto 2026 NY Slip Op 06514 November 5, 2026
- Matter of Wilson 2026 NY Slip Op 06513 November 5, 2026
- Matter of Mullineaux 2026 NY Slip Op 06511 November 5, 2026
- Matter of Caruana 2026 NY Slip Op 06509 November 5, 2026
- People v Santos 2026 NY Slip Op 06538 November 5, 2026
- People v Cowan 2026 NY Slip Op 06537 November 5, 2026
- People v Jimenez 2026 NY Slip Op 06536 November 5, 2026
- Matter of Marshall-Gibson v Martuscello 2026 NY Slip Op 06505 November 5, 2026
- People v Cruz 2026 NY Slip Op 06535 November 5, 2026
- People v Murphy 2026 NY Slip Op 06533 November 5, 2026
- People v Blanding 2026 NY Slip Op 06529 November 5, 2026
- Matter of T.P. 2026 NY Slip Op 06528 November 5, 2026
- Matter of Center for Jud. Accountability, Inc. v New York State Commn. on Legislative, Jud. & Exec. Compensation 2026 NY Slip Op 06495 November 5, 2026
- Hereford Ins. Co. v Orthopaedics, Spine & Sports Medicine LLP 2026 NY Slip Op 06524 November 5, 2026
- Youngwall v Santos 2026 NY Slip Op 06487 November 4, 2026
- Wilmington Savings Fund Society, FSB v Kogan 2026 NY Slip Op 06486 November 4, 2026
- UMB Bank, National Association, etc., v 68 Colonial, LLC, et al. 2026 NY Slip Op 06483 November 4, 2026
- Racines v Son 2026 NY Slip Op 06474 November 4, 2026
- People v Wolfe 2026 NY Slip Op 06470 November 4, 2026
- People v White 2026 NY Slip Op 06469 November 4, 2026
- People v Walder 2026 NY Slip Op 06468 November 4, 2026
- People v Simmonds 2026 NY Slip Op 06465 November 4, 2026
- People v Punch 2026 NY Slip Op 06461 November 4, 2026
- People v Porter 2026 NY Slip Op 06459 November 4, 2026
- People v Moncayo 2026 NY Slip Op 06458 November 4, 2026
- People v Meyn 2026 NY Slip Op 06457 November 4, 2026
- People v Jones 2026 NY Slip Op 06454 November 4, 2026
- People v Harrell 2026 NY Slip Op 06453 November 4, 2026
- People v Coulibaly 2026 NY Slip Op 06451 November 4, 2026
- People ex rel. Bright v Richards 2026 NY Slip Op 06449 November 4, 2026
- Soo Kew Ong v FirstService Residential N.Y., Inc. 2026 NY Slip Op 06447 November 4, 2026
- Odekirk v Fulton Commons Care Ctr., Inc. 2026 NY Slip Op 06446 November 4, 2026
- Mbaye v JP Morgan Chase Bank 2026 NY Slip Op 06429 November 4, 2026
- Huerta v Quickdropper, LLC 2026 NY Slip Op 06421 November 4, 2026
- Adger v Klein 2026 NY Slip Op 06402 November 4, 2026
- People ex rel. Cassar v Toulon 2026 NY Slip Op 06401 November 2, 2026