https://esqhq.com/Decision records from ESQ HQ, with verified passages and official source links.https://esqhq.com/weeks/2026-11-07/https://esqhq.com/weeks/2026-11-07/The Second Department held Nassau County’s local law, which barred from county parks any sporting event that lets transgender women compete in women’s categories, preempted by the Human Rights Law and the Civil Rights Law, in two decisions decided together (Long Island Roller Rebels; People v County of Nassau). It also held that a federal ADA dismissal does not preclude NYSHRL and NYCHRL claims (Irish v Tropical Emerald) and dismissed two more foreclosures under FAPA (Greenfeld, Rahman). The Third Department held that a whistleblower claim under Civil Service Law § 75-b may rest on government inaction (Rosenthal).Sat, 07 Nov 2026 00:00:00 -0500https://esqhq.com/trackers/foreclosure-abuse-prevention-act/https://esqhq.com/trackers/foreclosure-abuse-prevention-act/The Foreclosure Abuse Prevention Act amended CPLR 203, 205, 213, 3217 and RPAPL 1301 to stop lenders restarting the six-year limitations period after accelerating a mortgage. The Appellate Division has applied it retroactively to pending actions and appeals. The decisions here hold that a voluntary discontinuance of a prior action does not revoke acceleration or reset the clock, that a prior dismissal for neglect bars the CPLR 205-a savings provision, that commencing a second action without leave discontinues the first, and that constitutional challenges under the Takings and Contracts Clauses fail. Two Third and First Department decisions mark the edges: a bilateral loan modification can still de-accelerate the debt (Ditech v Temple), and an attorney stipulation tolling the period in a prior action remains enforceable (HSBC v Nicholas).Wed, 04 Nov 2026 00:00:00 -0500https://esqhq.com/decisions/2026-ny-slip-op-06427/https://esqhq.com/decisions/2026-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.Wed, 04 Nov 2026 00:00:00 -0500https://esqhq.com/weeks/2026-10-31/https://esqhq.com/weeks/2026-10-31/In Ekukpe the Court of Appeals held, over a dissent by Judge Rivera joined by Chief Judge Wilson and Judge Halligan, that CPL 30.30 (6) does not stop a defendant waiving appellate review of a speedy-trial claim in a plea; in Nantan, decided the same day, the Court held that the provision reaches appeals pending when it took effect. The Court affirmed the removal of a judge for a racial slur (Matter of Jones) and held that justification is available on an endangering charge built on force (Mears). The Second Department held that a ward in a 17-A guardianship may choose counsel (Jessica L.M.), and the Third Department upheld the State’s Foundation Aid response in the eighteen-year Maisto litigation.Sat, 31 Oct 2026 00:00:00 -0400https://esqhq.com/trackers/cpl-30-30-6-appeal-waivers/https://esqhq.com/trackers/cpl-30-30-6-appeal-waivers/The Court of Appeals addressed CPL 30.30 (6) in Ekukpe and Nantan on October 29, 2026. The decisions below concern the waiver of appellate review of a speedy-trial claim and the application of that provision to pending appeals. Liles addresses the separate ninety-day custody clock under CPL 30.30 (2) (a). Each entry links to the official text and the Law Watch record.Thu, 29 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06379/https://esqhq.com/decisions/2026-ny-slip-op-06379/CPL 30.30 (6) unambiguously expands appellate review of speedy trial claims to all cases, including those arising from guilty pleas entered before the statute’s effective date. The provision applies to appeals pending when it took effect because it is a procedural and remedial statute that mandates review without reservation.Thu, 29 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06378/https://esqhq.com/decisions/2026-ny-slip-op-06378/CPL 30.30 (6) does not preclude a criminal defendant from waiving the right to appeal a statutory speedy trial claim as part of a negotiated plea bargain. The statute’s plain text only abrogates the rule that a guilty plea forfeits such claims, but it does not address or prohibit appeal waivers.Thu, 29 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06365/https://esqhq.com/decisions/2026-ny-slip-op-06365/The Appellate Division affirmed the lower court’s determination that the State’s remedial response, centered on the full implementation of the Foundation Aid formula, was rational. The court held that while plaintiffs identified legitimate concerns regarding the formula’s methodology, they failed to demonstrate that the State’s chosen remedy was patently irrational or constitutionally infirm.Thu, 29 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06306/https://esqhq.com/decisions/2026-ny-slip-op-06306/A ward subject to a guardianship proceeding under SCPA article 17-A is constitutionally entitled to select counsel of their own choosing. The Surrogate’s Court erred in disqualifying the petitioner’s retained counsel and appointing new counsel because the record demonstrated the petitioner freely and independently retained her attorney.Wed, 28 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06237/https://esqhq.com/decisions/2026-ny-slip-op-06237/A justification instruction pursuant to Penal Law § 35.15 is available for a charge of endangering the welfare of a child when the prosecution’s case is premised on the defendant’s use of force. The refusal to give this instruction was not harmless error where a reasonable view of the evidence supported the defense.Tue, 27 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06236/https://esqhq.com/decisions/2026-ny-slip-op-06236/The Court affirmed the Commission’s determination that the petitioner committed judicial misconduct by using a racial slur and making racially insensitive comments, which violated rules requiring judges to maintain public confidence in the judiciary’s impartiality. The Court held that the sanction of removal was warranted due to the egregious nature of the conduct, the petitioner’s lack of credibility, and his failure to accept responsibility for his actions.Tue, 27 Oct 2026 00:00:00 -0400https://esqhq.com/weeks/2026-10-24/https://esqhq.com/weeks/2026-10-24/The First Department reversed Supreme Court and held that the City’s pandemic-era bar on enforcing personal guaranties in commercial leases survives the Contracts Clause (513 W. 26th Realty), and affirmed the Division of Human Rights in the Auxilly wedding-goods case. The Third Department recognised a qualified First Amendment right of access to attorney grievance committee dispositions (Campaign for Accountability). The Second Department added two more FAPA dismissals (Fishbein, Min Young You). In the Third Department, an off-the-record talk between judge and juror was a mode of proceedings error (Anderson).Sat, 24 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06229/https://esqhq.com/decisions/2026-ny-slip-op-06229/The court affirmed the Division of Human Rights’ order finding that the respondent discriminated against the complainant based on sexual orientation in violation of the NYSHRL. The court held that the First Amendment did not shield the business from liability because it refused to sell a previously designed and marketed garment rather than creating a customized expressive item.Thu, 22 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06192/https://esqhq.com/decisions/2026-ny-slip-op-06192/The court held that a presumptive First Amendment right of access attaches to the adjudicatory dispositions of attorney grievance committees, requiring their disclosure upon a showing of good cause. However, the court determined that no such right attaches to investigatory documents or internal work product, which remain confidential unless traditional good cause is established.Thu, 22 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-06058/https://esqhq.com/decisions/2026-ny-slip-op-06058/The court held that New York City Administrative Code § 22-1005, which temporarily barred the enforcement of personal liability guaranties for certain commercial leases during the pandemic, does not violate the Contracts Clause of the United States Constitution. Applying the three-part test, the court found the law served a legitimate public purpose and was a reasonable and appropriate means of addressing the economic emergency, warranting substantial deference to the legislative judgment.Tue, 20 Oct 2026 00:00:00 -0400https://esqhq.com/weeks/2026-10-17/https://esqhq.com/weeks/2026-10-17/Week ending October 17, 2026. 164 decision records: 126 meet the substance floor; 38 records are held from search listings.Sat, 17 Oct 2026 00:00:00 -0400https://esqhq.com/weeks/2026-10-10/https://esqhq.com/weeks/2026-10-10/Week ending October 10, 2026. 196 decision records: 155 meet the substance floor; 41 records are held from search listings.Sat, 10 Oct 2026 00:00:00 -0400https://esqhq.com/trackers/raise-the-age-removal/https://esqhq.com/trackers/raise-the-age-removal/CPL 722.23 presumes removal of an adolescent offender’s case to Family Court unless the People show extraordinary circumstances or one of the statutory disqualifiers. The Court of Appeals in Guerrero adopted a totality-of-the-circumstances approach to extraordinary circumstances; the First Department in Key used its interest-of-justice power to order removal where the Youth Part had retained the case; the Fourth Department in Neyshaliz M. V. and Quashawn C. held the People to the statutory showing on display of a firearm and on the motion to prevent removal.Fri, 09 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05851/https://esqhq.com/decisions/2026-ny-slip-op-05851/The court affirmed the dismissal of the City’s claims, holding that the alleged product greenwashing statements were not deceptive because they were comparative and the public is already aware that fossil fuels contribute to climate change. Additionally, the corporate greenwashing claims failed because the statements were not made in connection with the sale or offering for sale of consumer goods or services, which is required under the City’s Consumer Protection Law.Thu, 08 Oct 2026 00:00:00 -0400https://esqhq.com/trackers/erlinger-and-new-york-predicate-sentencing/https://esqhq.com/trackers/erlinger-and-new-york-predicate-sentencing/Both the First Department (Sabater) and the Second Department (Gardner) hold that Erlinger does not require a jury to decide tolling periods or the ten-year lookback for second felony and persistent felony offender adjudications; judges may make those determinations from official records.Wed, 07 Oct 2026 00:00:00 -0400https://esqhq.com/weeks/2026-10-03/https://esqhq.com/weeks/2026-10-03/Week ending October 3, 2026. 254 decision records: 150 meet the substance floor; 104 records are held from search listings.Sat, 03 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-26184/https://esqhq.com/decisions/2026-ny-slip-op-26184/The court denied the motion to dismiss, holding that an in-house lawyer serving as a compliance officer is not categorically barred from asserting a statutory whistleblower retaliation claim under New York Labor Law § 740 due to attorney ethics rules. The court distinguished prior common law precedents by emphasizing the legislature’s clear policy favoring robust whistleblower protections and the plaintiff’s role in compliance rather than purely legal advice.Thu, 01 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05595/https://esqhq.com/decisions/2026-ny-slip-op-05595/The court held that NFL football does not constitute a ‘product’ under the Products Completed Operations Hazard (PCOH) definition, thereby excluding the claims from the PCOH aggregate limit. Additionally, the court determined that each player’s injury constitutes a separate occurrence, meaning the AGLIC excess policy was not triggered, and found the NFL’s settlement reasonable while rejecting the ‘no loss’ defense based on club indemnification.Thu, 01 Oct 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-26167/https://esqhq.com/decisions/2026-ny-slip-op-26167/The Court granted a preliminary injunction enjoining the NCAA from enforcing eligibility rules against the plaintiff, finding a likelihood of success on claims for breach of the implied covenant of good faith and fair dealing and tortious interference. The Court determined that the NCAA’s cancellation of the waiver request without merit-based review constituted an arbitrary action that infringed upon the plaintiff’s property rights and prospective business relationships.Tue, 29 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05507/https://esqhq.com/decisions/2026-ny-slip-op-05507/The court held that outgoing members of the Kings County Democratic County Committee Executive Committee were not authorized to vote on rule amendments after the primary election, rendering the amendments invalid. However, the court modified the lower court’s judgment by removing the injunction against outgoing members exercising functions on substantial matters, as the 2019 amendment to Election Law § 2-112(1)(b) supersedes prior functus officio case law.Tue, 29 Sep 2026 00:00:00 -0400https://esqhq.com/weeks/2026-09-26/https://esqhq.com/weeks/2026-09-26/Week ending September 26, 2026. 113 decision records: 82 meet the substance floor; 31 records are held from search listings.Sat, 26 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05460/https://esqhq.com/decisions/2026-ny-slip-op-05460/The court held that the ‘transaction attacked’ in a veil-piercing claim can be a subsequent asset transfer designed to frustrate judgment recovery, not just the original underlying transaction. While the alter ego claim against Dondero survived for the corporate entities, it was dismissed regarding limited partnerships and against Ellington for lack of sufficient allegations of complete domination.Thu, 24 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05452/https://esqhq.com/decisions/2026-ny-slip-op-05452/The Appellate Division reversed the lower court’s denial of an extreme risk protection order, holding that CPLR article 63-A does not require proof that the respondent threatened harm with a firearm or currently possesses one. The court determined that the statutory standard focuses on the likelihood of serious harm to self or others, and imposing a firearm-specific prerequisite was an erroneous legal standard that foreclosed the petitioner from presenting its proof.Thu, 24 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05405/https://esqhq.com/decisions/2026-ny-slip-op-05405/The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) prevents the enforcement of predispute arbitration agreements in negligence actions that have a logical nexus to a sexual assault dispute, even if the defendant did not commit the assault. The court held that the EFAA applies broadly to claims that ‘relate to’ the underlying sexual assault, rendering the arbitration clause unenforceable.Wed, 23 Sep 2026 00:00:00 -0400https://esqhq.com/weeks/2026-09-19/https://esqhq.com/weeks/2026-09-19/Week ending September 19, 2026. 126 decision records: 118 meet the substance floor; 8 records are held from search listings.Sat, 19 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05363/https://esqhq.com/decisions/2026-ny-slip-op-05363/The Appellate Division granted the CPLR article 78 petition and vacated the lower court’s turnover orders, holding that Penal Law § 450.10 does not authorize a criminal court to adjudicate disputed property rights in the absence of a pending criminal prosecution. The court determined that because the issue of title was sharply contested, the dispute required resolution in a civil forum with full procedural protections, including the right to a jury trial if demanded.Thu, 17 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05306/https://esqhq.com/decisions/2026-ny-slip-op-05306/The Appellate Division reversed the Family Court’s determination that a preconception agreement did not exist for the second child, finding that the record supported the existence of such an agreement at the time of conception. Consequently, the non-biological partner established standing to seek parental access, and the matter was remitted for a best interests hearing.Wed, 16 Sep 2026 00:00:00 -0400https://esqhq.com/weeks/2026-09-12/https://esqhq.com/weeks/2026-09-12/Week ending September 12, 2026. 22 decision records: 16 meet the substance floor; 6 records are held from search listings.Sat, 12 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05242/https://esqhq.com/decisions/2026-ny-slip-op-05242/The Appellate Division affirmed the finding of civil contempt against the Office of Mental Health for delaying the transfer of a mentally ill defendant to a secure psychiatric facility, rejecting the argument that the defendant’s refusal of treatment broke the chain of causation. The court held that the defendant suffered actual loss or injury due to the delay, entitling him to a fine sufficient to indemnify him rather than the statutory minimum.Thu, 10 Sep 2026 00:00:00 -0400https://esqhq.com/weeks/2026-09-05/https://esqhq.com/weeks/2026-09-05/Week ending September 5, 2026. 84 decision records: 70 meet the substance floor; 14 records are held from search listings.Sat, 05 Sep 2026 00:00:00 -0400https://esqhq.com/trackers/dvsja-appealability/https://esqhq.com/trackers/dvsja-appealability/First Department (Croney) and Second Department (Nymeen C.) hold that a prehearing dismissal of a resentencing application is appealable as of right; the Third Department (Shawn A.) holds it is not, over a dissent; the Fourth Department (Sean S.) addressed the “significant contributing factor” standard on the merits with a concurrence and dissent.Thu, 03 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05230/https://esqhq.com/decisions/2026-ny-slip-op-05230/The Appellate Division reversed the lower court’s confirmation of an arbitration award, vacating it due to the neutral umpire’s partiality and the resulting prejudice to the tenants. The umpire’s undisclosed communications with opposing counsel regarding a separate paid arbitration role created an appearance of impropriety that tainted the subsequent procedural rulings and final award.Thu, 03 Sep 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-05191/https://esqhq.com/decisions/2026-ny-slip-op-05191/The court held that the 90-day readiness clock under CPL 30.30(2)(a) only includes the actual periods of time a defendant spends in custody, excluding any time spent out on bail. Consequently, the defendant was not entitled to release because the total time chargeable to the People was less than 90 days.Wed, 02 Sep 2026 00:00:00 -0400https://esqhq.com/weeks/2026-08-22/https://esqhq.com/weeks/2026-08-22/Week ending August 22, 2026. 8 decision records: 8 meet the substance floor.Sat, 22 Aug 2026 00:00:00 -0400https://esqhq.com/weeks/2026-07-25/https://esqhq.com/weeks/2026-07-25/Week ending July 25, 2026. 169 decision records: 129 meet the substance floor; 40 records are held from search listings.Sat, 25 Jul 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-04592/https://esqhq.com/decisions/2026-ny-slip-op-04592/The Graves Amendment does not preempt state vicarious liability claims against a car dealership that provides a courtesy vehicle free of charge to a customer. Because the dealership did not receive payment for the use of the vehicle, it did not ‘rent’ the vehicle within the ordinary meaning of the federal statute.Fri, 24 Jul 2026 00:00:00 -0400https://esqhq.com/decisions/2026-ny-slip-op-04562/https://esqhq.com/decisions/2026-ny-slip-op-04562/The court held that the State defendants’ motion to dismiss the public trust doctrine claim was properly denied because factual issues exist regarding whether Humboldt Parkway was dedicated as parkland and whether the legislature explicitly authorized its alienation. Additionally, the court reinstated the Green Amendment claim against the State defendants, finding a justiciable controversy regarding the ongoing operation of the expressway.Fri, 24 Jul 2026 00:00:00 -0400https://esqhq.com/weeks/2026-06-20/https://esqhq.com/weeks/2026-06-20/Week ending June 20, 2026. 9 decision records: 8 meet the substance floor; 1 record is held from search listings.Sat, 20 Jun 2026 00:00:00 -0400https://esqhq.com/weeks/2026-06-13/https://esqhq.com/weeks/2026-06-13/Week ending June 13, 2026. 8 decision records: 7 meet the substance floor; 1 record is held from search listings.Sat, 13 Jun 2026 00:00:00 -0400https://esqhq.com/weeks/2026-06-06/https://esqhq.com/weeks/2026-06-06/Week ending June 6, 2026. 4 decision records: 4 meet the substance floor.Sat, 06 Jun 2026 00:00:00 -0400https://esqhq.com/weeks/2026-04-04/https://esqhq.com/weeks/2026-04-04/Week ending April 4, 2026. 6 decision records: 2 meet the substance floor; 4 records are held from search listings.Sat, 04 Apr 2026 00:00:00 -0400https://esqhq.com/weeks/2026-03-21/https://esqhq.com/weeks/2026-03-21/Week ending March 21, 2026. 7 decision records: 4 meet the substance floor; 3 records are held from search listings.Sat, 21 Mar 2026 00:00:00 -0400https://esqhq.com/weeks/2026-03-14/https://esqhq.com/weeks/2026-03-14/Week ending March 14, 2026. 5 decision records: 3 meet the substance floor; 2 records are held from search listings.Sat, 14 Mar 2026 00:00:00 -0400https://esqhq.com/weeks/2026-03-07/https://esqhq.com/weeks/2026-03-07/Week ending March 7, 2026. 12 decision records: 6 meet the substance floor; 6 records are held from search listings.Sat, 07 Mar 2026 00:00:00 -0500https://esqhq.com/weeks/2026-02-28/https://esqhq.com/weeks/2026-02-28/Week ending February 28, 2026. 3 decision records: 2 meet the substance floor; 1 record is held from search listings.Sat, 28 Feb 2026 00:00:00 -0500