New York Law Watch
Week ending June 13, 2026
8 decision records: 7 meet the substance floor; 1 record is held from search listings.
Decision dates in this week are June 12, 2026, from 1 court.
By court
Appellate Term, Second Department
- DeLoach v Assurant2026 NY Slip Op 51300[U]
The court affirmed the dismissal of the complaint because the plaintiff failed to establish that proper service of process was effectuated on the defendant. Since the affirmations of service did not demonstrate that the summons was delivered to an authorized agent of the correct entity, personal jurisdiction was never acquired.
- Cooper v Apostolic Gospel Church of Christ, Inc.2026 NY Slip Op 51299[U]
The court affirmed the denial of the plaintiff’s motion to set aside a small claims judgment, determining that the motion was untimely under CPLR 4405 and failed to demonstrate good cause for the delay. The court also clarified that CPLR 2221 does not permit reargument of a decision after trial.
- Big Apple Med. Group Corp. v MVAIC2026 NY Slip Op 51298[U]
The court affirmed the denial of summary judgment because the defendant failed to demonstrate that the vehicle was insured at the time of the accident. The evidence provided only showed insurance coverage at the time of registration, which was two months prior to the incident.
- American Package Co., Inc. v Postelnicu2026 NY Slip Op 51297[U]
The court affirmed the dismissal of a holdover proceeding because the landlord failed to serve the notice of petition and petition, constituting a jurisdictional defect that cannot be cured by CPLR 2001. The court held that CPLR 3012(d) does not permit an extension of time to serve process where no personal jurisdiction has been obtained over the respondents.
- Pushyk v Shiyanoff2026 NY Slip Op 51296[U]
The court affirmed the dismissal of the holdover petition, finding that the building was subject to rent stabilization because evidence supported a finding that a rear bedroom had been occupied as a separate residential unit, bringing the total to six units. Consequently, the landlords failed to meet their burden of proving an exemption and failed to serve the specific notices required for eviction under the Rent Stabilization Code.
- Cruz v Carannante2026 NY Slip Op 51295[U]
The appeal is dismissed because the lower court’s order staying the proceeding was based on a request for relief made without a proper notice of cross motion. Consequently, the order is not appealable as of right under CPLR 5701, and the court declined to grant leave to appeal.
- Shpigel v Staten Is. Univ. Hosp.2026 NY Slip Op 51294[U]
The Appellate Term reversed the dismissal of the small claims action because the lower court’s finding that the hospital had issued refunds on two bills failed to render substantial justice, given the evidence that the plaintiff only received a single check. The court awarded the plaintiff the full overpayment amount on the condition that he return the single check he had already received to the defendants.
Also decided
- People v Harper 2026 NY Slip Op 51293[U] June 12, 2026
Published June 13, 2026. Updated November 14, 2026.