New York Law Watch
Week ending June 20, 2026
9 decision records: 8 meet the substance floor; 1 record is held from search listings.
Decision dates in this week are June 17, 2026, from 1 court.
By court
Appellate Term, Second Department
- People v Hernandez2026 NY Slip Op 51301[U]
The Appellate Term affirmed the denial of the defendant’s motion to invalidate the People’s certificate of compliance, finding that the prosecution exercised due diligence under former CPL article 245 despite failing to follow up on a subpoena for Rikers Island calls. Consequently, the speedy trial clock was properly stopped by the statement of readiness, precluding dismissal of the accusatory instrument.
- One RX Chemist, Inc. v Nationwide Mut. Ins. Co.2026 NY Slip Op 51309[U]
The Appellate Term reversed the lower court’s denial of summary judgment, granting the insurer’s motion to dismiss the complaint. The court held that the insurer established a prima facie case by showing the plaintiff failed to appear for scheduled examinations under oath and did not raise a triable issue of fact.
- Ezeoke v Udom2026 NY Slip Op 51307[U]
The Appellate Term reversed the lower court’s dismissal of the complaint, finding that the plaintiff established a prima facie case for breach of contract based on the defendant’s admissions of landlord-tenant status and nonpayment. The court remitted the matter for an assessment of damages, rejecting the lower court’s finding that services rendered constituted payment in full.
- New Image Chiropractic, P.C. v Kemper Ins. Co.2026 NY Slip Op 51306[U]
The Appellate Term held that a default declaratory judgment against a different insurer had no res judicata or collateral estoppel effect because the plaintiff did not appear in that prior action. Additionally, the court denied the plaintiff’s cross-motion for summary judgment because it failed to submit evidence of the insurer’s address to prove timely mailing of claim forms.
- Jovanovic v Falsons Realty Corp.2026 NY Slip Op 51305[U]
The court reversed the lower court’s denial of summary judgment, granting the out-of-possession landlord’s motion to dismiss the complaint. The landlord owed no duty to repair the conveyor belt or basement floor as its contractual obligations were limited to keeping the premises leak-free, and the plaintiffs failed to prove the cause of the accident beyond speculation.
- Di Marco v New York City Off. of Comptroller2026 NY Slip Op 51304[U]
The court affirmed the order vacating a default judgment because the plaintiff failed to demonstrate proper service of process on the corporate defendant. Personal service on a corporation must be made to a person authorized by statute, and substitute service is insufficient to acquire jurisdiction.
- Mallek v Central Loan Admin. & Reporting (CENLAR)2026 NY Slip Op 51303[U]
The court reversed the lower court’s grant of summary judgment because the mortgage servicer failed to establish a prima facie case that its actions were justified under the contract or RPAPL 1308. Specifically, the servicer did not explain why it reimposed a previously waived hazard insurance requirement or why it could treat the property as abandoned while the plaintiff was actively litigating and paying taxes.
- Saliba v MHANY Mgt.2026 NY Slip Op 51302[U]
The Appellate Term affirmed the dismissal of a small claims action for breach of contract because the plaintiff failed to produce a lease or other contract. Furthermore, even assuming a breach of the implied warranty of habitability, the plaintiff could not recover consequential damages for food, furniture, and cleaning supplies.
Also decided
- Morgan v Caesar 2026 NY Slip Op 51308[U] June 17, 2026
Published June 20, 2026. Updated November 14, 2026.