New York Law Watch
Week ending March 21, 2026
7 decision records: 4 meet the substance floor; 3 records are held from search listings.
Decision dates in this week run from March 17, 2026 to March 20, 2026, from 6 courts.
By court
Appellate Division, Second Department
- Fabia v Power Auth. of the State of N.Y.252 AD3d 217
The court held that the plaintiff’s claims for common-law negligence and violation of Labor Law § 200 are not entirely preempted but may proceed by substituting the federal standard of care. Conversely, claims under Labor Law §§ 240(1) and 241(6) were dismissed because their strict liability standards conflict with federal aviation regulations.
Appellate Division, Third Department
- Matter of Cannabis v Hochul252 AD3d 235
The court held that New York’s cannabis regulations under the Marihuana Regulation and Taxation Act are not preempted by the federal Controlled Substances Act because they do not create a positive conflict or stand as an obstacle to federal objectives. The regulations merely regulate legitimate and illegitimate handling of marihuana without requiring conduct that violates federal law.
- Matter of Tomei v McDonald252 AD3d 228
The court confirmed the Commissioner of Health’s denial of reimbursement for out-of-pocket personal care expenses because 18 NYCRR 360-7.5 limits reimbursement to errors or delays in eligibility determinations, not failures to provide authorized services. The agency’s interpretation was rational and consistent with the plain language of the regulation, which does not cover service delivery shortages.
Appellate Term, Second Department
- People v Bergman89 Misc 3d 5
The court affirmed the conviction, holding that the People satisfied their due diligence obligations under CPL 245.20 by providing sufficient disclosure letters regarding police officer misconduct. Additionally, the court found that the People validly stated ready within the statutory 90-day period, as the speedy trial clock was tolled by executive orders until October 4, 2020.
Also decided
- HSBC Bank v Nicholas 252 AD3d 201 March 17, 2026
- Whaley v Higher Educ. Loan Auth. of the State of Mo. 90 Misc 3d 194 March 17, 2026
- PEOPLE v BENDER 45 NY3d 689 March 17, 2026
Published March 21, 2026. Updated November 14, 2026.