New York Law Watch
Week ending July 25, 2026
169 decision records: 129 meet the substance floor; 40 records are held from search listings.
Decision dates in this week run from July 23, 2026 to July 24, 2026, from 2 courts.
Selected decisions
Public trust claim over Buffalo’s Humboldt Parkway survives dismissal; “along” is not “within”
East Side Parkways Coalition v New York State Dept. of Transp.
Holding 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.
we conclude that the legislature did not explicitly alienate Humboldt Parkway pursuant to Highway Law § 349-e
2026 NY Slip Op 04562, at the official text
The Graves Amendment does not protect a dealership that lent a courtesy car for free
Holding 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.
an owner must receive payment for the use of the vehicle to meet that statutory condition
2026 NY Slip Op 04592, at the official text
By court
Appellate Division, Fourth Department
- Matter of Jason A. Shear, an Attorney, Respondent. Grievance Committee of the Eighth Judicial District, Petitioner.2026 NY Slip Op 04724
The court confirmed the referee’s findings of professional misconduct, including sexual relations with a client and false statements, and suspended the respondent from the practice of law for two years. The court emphasized that the respondent’s lack of remorse and continued false assertions during the disciplinary process were significant aggravating factors.
- Matter of Evans v Martuscello2026 NY Slip Op 04723
The Appellate Division confirmed the disciplinary determination, finding it supported by substantial evidence including video and the petitioner’s statements. The court held that the petitioner failed to exhaust administrative remedies regarding due process claims about the hearing officer’s ex parte actions, and that the failure to have the nurse endorse the report was harmless.
- Matter of Hauck v Heineman2026 NY Slip Op 04722
A summary nonpayment eviction proceeding is legally insufficient when the landlord has already terminated the month-to-month tenancy, as the proper remedy is a summary holdover proceeding. Because the petition failed to allege facts establishing that the tenants were holdovers, the judgment and warrant of eviction were vacated and the petition dismissed without prejudice.
- Matter of Allaoo R. (Gabriel R.)2026 NY Slip Op 04720
The court affirmed the termination of the father’s parental rights on the ground of abandonment, finding that he failed to visit or communicate with the child or petitioner for the statutory six-month period. The court held that the father’s incarceration did not excuse his failure to maintain contact and that he failed to prove that the petitioner prevented or discouraged such contact.
- People v Gutschow2026 NY Slip Op 04718
The court affirmed the determination that the defendant is a level two risk under the Sex Offender Registration Act. The appellate court found that the People established by clear and convincing evidence that aggravating circumstances, including a large quantity of child sexual abuse material and self-reported addiction, justified an upward departure from the presumptive risk level.
- People v Hurst2026 NY Slip Op 04717
The court reversed the assault conviction and granted a new trial because the failure to preclude identification testimony was not harmless error for that specific count. Additionally, the burglary sentences were reduced to 15 years as unduly harsh and severe in the interest of justice.
- People v Turnage2026 NY Slip Op 04716
The court affirmed the judgment of conviction for attempted robbery in the second degree, concluding that the sentence was not unduly harsh or severe. The court further determined that the defendant’s remaining contention did not warrant modification or reversal of the judgment.
- People v Banks2026 NY Slip Op 04715
The court held that the defendant’s waiver of the right to appeal was invalid because the trial court failed to explain that the State would bear the costs of appeal if the defendant could not afford them. However, the court affirmed the judgment, concluding that the sentence imposed was not unduly harsh or severe.
- People v Collier2026 NY Slip Op 04714
The court affirmed the judgment of conviction for manslaughter in the first degree, finding that the defendant’s waiver of the right to appeal was knowing, voluntary, and intelligent. This valid waiver precluded the appellate court from reviewing the defendant’s challenge to the severity of the sentence.
- People v Rich2026 NY Slip Op 04713
The court affirmed the conviction and sentence, holding that the waiver of the right to appeal was not unconscionable per se and was a proper condition of the plea bargain. Additionally, the court determined that the sentence imposed for aggravated vehicular homicide was not unduly harsh or severe.
- People v Rhodes2026 NY Slip Op 04712
The court affirmed the conviction and sentence, finding the negotiated sentence not unduly harsh or severe even assuming the appeal waiver was invalid. The court ordered the certificate of conviction corrected to reflect that the defendant was sentenced as a second violent felony offender rather than a second felony offender.
- Matter of Hanalise S. (Ezra B.B.)2026 NY Slip Op 04710
The Appellate Division affirmed the Family Court’s orders of protection, noting that the respondent failed to preserve his contention regarding the court’s authority by opposing the motion solely on the ground of prematurity. The court declined to address the unpreserved issue in the interest of justice but confirmed the respondent was an appropriate party for the orders.
- Erik T.K. v Anthony W.C.2026 NY Slip Op 04709
The Family Court properly determined that the biological father failed to establish a substantial relationship with the child, thereby failing to establish his right of consent to the adoption. Consequently, the court did not need to proceed to the second step of determining whether the father forfeited that right through abandonment.
- Matter of Alhasan v Zanbour2026 NY Slip Op 04708
The Appellate Division affirmed the Family Court’s order limiting the father’s visitation to therapeutic supervised contact, finding a sound and substantial basis in the record. The court also affirmed the dismissal of the father’s petition for civil contempt, noting he failed to establish the necessary elements by clear and convincing evidence.
- People v Valion2026 NY Slip Op 04706
The Supreme Court erred by failing to pronounce sentence on each count of the conviction, which requires vacating the sentence and remitting the matter for resentencing. This procedural error necessitates modification of the judgment even if the certificate of disposition reflects distinct periods of time for each count.
- People v Berry2026 NY Slip Op 04705
The court affirmed the lower court’s decision to reduce the defendant’s risk level from three to two based on evidence of rehabilitation, but denied the request to reduce it to level one because the defendant failed to meet the clear and convincing evidence standard. The appellate court found no abuse of discretion in considering the nature of the offenses and the defendant’s recent release from prison.
- People v Gehm2026 NY Slip Op 04704
The appeal is dismissed because the record is insufficient for meaningful review as the defendant failed to include the risk assessment instrument and case summary. Additionally, the defendant’s challenge to specific risk factors is academic because he would still qualify as a level two risk even without the disputed points.
- People v Castaneda2026 NY Slip Op 04703
The court affirmed the determination that the defendant was a level three risk and a sexually violent offender under SORA. The court rejected the defendant’s ineffective assistance of counsel claims, finding that a downward departure was unlikely to succeed and that the defendant waived the communication claim by proceeding without an adjournment.
- Matter of Joseph R. v State of New York2026 NY Slip Op 04702
The court affirmed the lower court’s order continuing the petitioner’s confinement, finding that the evidence was legally sufficient to establish by clear and convincing evidence that he is a dangerous sex offender. The court determined that the petitioner’s refusal to engage in treatment and high risk assessment scores supported the finding that he has serious difficulty controlling his behavior.
- People v Scharet2026 NY Slip Op 04700
The court affirmed the judgment, finding that the defendant validly waived her right to appeal because the court conducted the requisite colloquy before accepting the plea and ensured she understood the right she was forgoing. The waiver was deemed knowing, voluntary, and intelligent, and it encompassed her challenge to the severity of the sentence.
- People v Costa2026 NY Slip Op 04699
The court held that a waiver of the right to appeal during a plea proceeding does not encompass a challenge to the severity of a sentence imposed following a probation violation. However, the court affirmed the judgment, concluding that the sentence imposed was not unduly harsh or severe.
- Montegari v Miller2026 NY Slip Op 04696
The court affirmed the judgment, holding that selective-enforcement equal protection claims survive in the public employment context and that the lower court correctly denied dismissal of the retaliation claim. The court also determined it lacked subject matter jurisdiction over the tortious interference claim but found no need to modify the judgment because no damages were awarded for that cause of action.
- Saraceno v Mazikowski2026 NY Slip Op 04695
The court affirmed summary judgment dismissing the plaintiff’s complaint, holding that the defendant was immune from liability under General Obligations Law § 9-103 because the plaintiff was engaged in hunting or sufficiently related activity. Additionally, the court found that the defendant met its burden under ordinary premises liability principles by showing the decedent did not create the dangerous condition or have notice of it.
- Matter of Ty’Shawn B.2026 NY Slip Op 04694
The Appellate Division reversed the Family Court’s order granting summary judgment for derivative neglect because the petitioner failed to meet its initial burden of establishing that the mother’s prior neglect of other children created a substantial risk of harm to the subject child. The court found that the prior order’s vague finding of ‘inadequate guardianship’ did not sufficiently identify the specific conduct or demonstrate that the condition still existed for the new child.
- People v Domingo-Nolasco2026 NY Slip Op 04693
The court affirmed the determination that the defendant was a level two risk under the Sex Offender Registration Act. The appellate court found that the People provided clear and convincing evidence that the victim was a stranger to the defendant, justifying the assessment of additional points under risk factor 7.
- People v Evans2026 NY Slip Op 04691
The court reversed the conviction for predatory sexual assault against a child under count 1 because the evidence was legally insufficient to prove the acts occurred over a period of at least three months. The court affirmed the remaining convictions and dismissed the appeal regarding the sentence as moot due to a subsequent resentencing.
- People v McCloud2026 NY Slip Op 04690
The Appellate Division affirmed the conviction, finding that the trial court did not abuse its discretion in denying a missing witness charge and that the prosecutor’s remarks did not deny the defendant a fair trial. The court also determined that defense counsel was not ineffective and that the defendant received meaningful representation.
- Dickey v Prevost2026 NY Slip Op 04689
The court substituted its discretion to modify the fee apportionment, awarding the outgoing firm two-thirds of the gross contingency fee less disbursements already paid. This decision was based on the outgoing firm’s three years of work compared to the incoming firm’s three months, despite the client’s election of a quantum meruit basis.
- Matter of Mahoney v Garcia2026 NY Slip Op 04687
The court affirmed the lower court’s order directing the return of a handgun because the Sheriff failed to prove that the weapon was used in the commission of an offense. Since the use of the firearm was justifiable and not criminal, it did not qualify as a nuisance weapon under Penal Law § 400.05 (1).
- Bushley v New York State Thruway Auth.2026 NY Slip Op 04686
The court held that the reckless disregard standard of care under Vehicle and Traffic Law § 1103(b) did not apply because the snowplow driver was traveling between parts of his route on a road he was not responsible for plowing. Consequently, the driver was found negligent for making an illegal right turn on red, and judgment on liability was granted in favor of the claimant.
- Brennan v Kandon, LLC2026 NY Slip Op 04685
The court modified the lower court’s order to reinstate the plaintiff’s claim that defendants failed to maintain the premises in a reasonably safe condition, as defendants failed to establish they did not create the dangerous condition. However, the dismissal of the claim that defendants were negligent in failing to warn of the dangerous condition was affirmed.
- Adams v Blodgett2026 NY Slip Op 04684
The court affirmed the denial of summary judgment, finding triable issues of fact regarding whether the client made a specific request for coverage and whether a special relationship existed that imposed a continuing duty on the broker. The court determined that the broker’s failure to procure the requested coverage and the client’s failure to read the policy raised credibility and comparative negligence issues for trial rather than warranting dismissal.
- Matter of Barrett v Gaines2026 NY Slip Op 04683
The court affirmed the dismissal of the grandmother’s custody petitions because she failed to establish the existence of extraordinary circumstances required to overcome the parents’ superior custody rights. The court determined that a single indicated report of abuse and the father’s employment or criminal history did not constitute extraordinary circumstances under the law.
- People v Goree2026 NY Slip Op 04682
The court affirmed the convictions for sexual abuse in the first degree and predatory sexual assault, finding the evidence legally sufficient and not against the weight of the evidence. However, the judgment was modified by reversing the conviction for rape in the first degree and dismissing count 1 because it was an inclusory concurrent count of the predatory sexual assault conviction.
- People v Purrier2026 NY Slip Op 04681
The court held that placing a suspect in handcuffs during a traffic stop transforms the encounter into a forcible stop and detention, which requires additional justification beyond a mere observation of an unmarked pill bottle. Because the officer could not establish that his partner possessed the requisite level of suspicion to justify the detention, the evidence obtained was suppressed and the indictment was dismissed.
- People v Kadenhead2026 NY Slip Op 04680
The court held that law enforcement officers had probable cause to arrest the defendant based on security footage and other circumstantial evidence, and that the arrest in a common hallway did not violate the Payton rule because the defendant had no reasonable expectation of privacy in that area.
- People v Jenkins2026 NY Slip Op 04677
The court reversed the convictions for attempted rape in the first degree and robbery in the first degree, finding the verdicts against the weight of the evidence. The People failed to prove the defendant intended to engage in sexual intercourse or to permanently deprive the victim of the emergency alarm.
- Matter of Tripodi v New York State Dept. of Corr. & Community Supervision2026 NY Slip Op 04676
The court affirmed the dismissal of the petitioner’s appeal because Executive Law § 259-i (4-a) provides for only one direct appeal as of right to a lower court, and there is no statutory or constitutional authorization for a second appeal to County Court.
- Matter of Simmons (Simmons)2026 NY Slip Op 04675
The court vacated the lower court’s order removing the respondent as co-trustee because the facts regarding his alleged misconduct were disputed. A hearing was required to make credibility determinations before exercising discretion to remove a fiduciary under SCPA 711 or 719.
- Matter of DeLine2026 NY Slip Op 04674
The court affirmed the dismissal of the petition because the petitioners lacked standing to compel an accounting of the credit trust. The petitioners were not beneficiaries of the trust after the mother exercised her power of appointment to distribute assets to others.
- Sterk v State of New York2026 NY Slip Op 04673
The court affirmed the denial of summary judgment for both parties, finding that while claimants failed to establish a dangerous condition as a matter of law based on design standards, defendants failed to establish the absence of a dangerous condition due to triable issues regarding the bollard’s concealment by other bicyclists.
- Kessler v Carr2026 NY Slip Op 04672
The court affirmed the denial of the plaintiff’s cross-motion for summary judgment on the issue of serious injury, finding that conflicting expert opinions regarding causation and the nature of the cervical spine injury raised triable issues of fact. The majority determined that the plaintiff failed to meet her initial burden because her own submissions included evidence that contradicted her expert’s opinion on the existence of herniated discs and the causal link to the accident.
- Matter of Webb v Kautz2026 NY Slip Op 04671
The Appellate Division affirmed the Family Court’s order granting the mother primary physical custody, finding that the father’s excessive corporal punishment and failure to arrange medical care constituted a change in circumstances. The court determined that the evidence supported the finding that such custody was in the child’s best interests.
- Matter of Michael J.L.2026 NY Slip Op 04670
The Appellate Division affirmed the termination of the father’s parental rights on the ground of permanent neglect, finding that the petitioner met its burden of showing diligent efforts while the father failed to plan for the child’s future. The court also rejected the father’s due process and bias claims, noting the bias argument was unpreserved.
- People v Riley2026 NY Slip Op 04669
The court affirmed the conviction for second-degree murder, finding that the circumstantial evidence, including video of the defendant wielding a shotgun and his subsequent conduct, sufficiently supported the inference that he intended to kill the victim. The court also rejected the ineffective assistance of counsel claim, determining that the defense’s focus on physical participation rather than mental capacity was a reasonable trial strategy.
- People v Malcomb2026 NY Slip Op 04667
The court affirmed the conviction but modified the sentence as a matter of discretion, reducing the enhanced term to a determinate three years. It held that the defendant’s failure to appear for sentencing violated the plea agreement, justifying the enhanced sentence, but the original term was unduly harsh given his minimal criminal history.
- People v Anderson2026 NY Slip Op 04666
The court affirmed the conviction but held that the defendant’s waiver of the right to appeal was invalid due to a deficient oral colloquy. The court rejected the defendant’s argument that a Darden hearing was required, finding that the search warrant was supported by an affidavit containing direct observations that established probable cause.
- People v Bynum2026 NY Slip Op 04664
The court affirmed the conviction, holding that the vehicle stop was supported by probable cause based on a BOLO bulletin and that the subsequent inventory search was lawful and not a pretext. Additionally, the court found that the defendant did not unequivocally invoke his right to remain silent and validly waived his Miranda rights during the custodial interview.
- People v Harrison2026 NY Slip Op 04662
The court affirmed the conviction for assault in the first degree, rejecting the defendant’s claims of evidentiary error and ineffective assistance of counsel. The court found no prejudice from the exclusion of a prior inconsistent statement because its substance was admitted via cross-examination, and no ineffective assistance because the missing witness claim was speculative and strategic.
- People v Thigpen2026 NY Slip Op 04661
The court affirmed the conviction, finding that the defendant’s ineffective assistance of counsel claim lacked merit because he received a favorable plea bargain and meaningful representation. The court further noted that any claims based on matters outside the record are properly addressed in a CPL 440.10 proceeding.
- Matter of Enders v Erie County Dept. of Social Servs.2026 NY Slip Op 04660
The court affirmed the lower court’s denial of the petition to dismiss for failure to exhaust administrative remedies, finding that the exhaustion rule is subject to exceptions when administrative processes are futile due to time constraints. The court determined that the petitioner was not obligated to wait for a scheduled fair hearing to seek judicial assistance for immediate temporary housing assistance.
- Fegley v Raymond Corp.2026 NY Slip Op 04659
The court modified the lower court’s order to reinstate design defect claims regarding the absence of a rear guard, finding that defendants failed to prove the buyer was actually aware of the optional safety feature. The court affirmed the denial of summary judgment on steering mechanism claims because defendants raised that argument for the first time in their reply papers.
- Fleischman v State of New York2026 NY Slip Op 04658
The Court of Claims did not abuse its discretion in denying the motion for permission to file a late claim because the proposed claim was conclusory and failed to demonstrate merit without expert medical opinion. The denial was affirmed, though it was without prejudice to the filing of a new application with a more particularized showing.
- Hippert v J. Rettenmaier USA LP2026 NY Slip Op 04657
The court affirmed the grant of partial summary judgment on liability under Labor Law § 240(1), finding that the defendants were owners who violated the statute. The violation was a proximate cause of the plaintiff’s injuries because a steel grate fell from a significant elevation due to the absence of a safety device.
- Partners & Napier Inc. v DeRoller2026 NY Slip Op 04656
The appeal is dismissed as moot except for demands 13, 14, and 15, where the order is affirmed because the lower court did not abuse its discretion in directing the production of material and necessary documents. The court rejected the argument that the order was issued sua sponte, noting the relief was requested in the motion papers and supported by the broad discretion inherent in supervising discovery.
- Matter of Jamari R.2026 NY Slip Op 04655
The Family Court’s determination that the mother neglected the child was supported by a sound and substantial basis in the record. The mother’s failure to seek assistance for the child and her refusal of preventive services, combined with her failure to testify, established neglect.
- People v Robinson2026 NY Slip Op 04654
The imposition of consecutive sentences for manslaughter and criminal possession of a weapon was legal because the defendant possessed the firearm before forming the intent to commit the violent crime. Although the defendant’s waiver of the right to appeal was invalid, the sentence was affirmed as not unduly harsh or severe.
- People v Williams2026 NY Slip Op 04653
The court modified the judgment by reducing the conviction for aggravated cruelty to animals to overdriving, torturing and injuring animals because the evidence was legally insufficient to prove the element of serious physical injury. The court rejected the defendant’s speedy trial claim, finding that the People complied with discovery obligations by making materials accessible.
- People v Stephens2026 NY Slip Op 04652
The People failed to demonstrate due diligence in their initial discovery obligations, rendering the certificate of compliance improper and the readiness statement illusory. Consequently, the case is remitted to County Court to determine if the People were ready within the requisite speedy trial time period.
- Lavine v LaFayette Cent. Sch. Dist.2026 NY Slip Op 04651
The court held that the employment agreement did not require the school district to reimburse the plaintiff for Medicare Part B premiums because that plan was not offered through the district. However, the court modified the lower court’s order to reinstate the declaratory judgment portion of the complaint to formally declare the parties’ rights.
- Torrillo v Cherny2026 NY Slip Op 04650
The court modified the lower court’s order to grant summary judgment dismissing the claim of vicarious liability against Hematology-Oncology Associates of Central New York, P.C. for the alleged malpractice of Dr. DiFino. The appellate court affirmed the remainder of the order, rejecting the defendants’ other contentions on appeal.
- Letersky v Militello Farms, Inc.2026 NY Slip Op 04647
The court held that Labor Law § 240(1) applies to a worker’s fall into an excavated hole created for the work being performed, rejecting the argument that such accidents are categorically excluded. Additionally, the court found that mud inherent to the work site does not constitute a ‘foreign substance’ under 12 NYCRR 23-1.7(d), but triable issues of fact remained regarding the applicability of 12 NYCRR 23-1.7(b).
- Stache Invs. Corp. v Ciolek2026 NY Slip Op 04646
The Appellate Division affirmed the judgment against the defendant, finding that he failed to prove a mutual mistake in the loan documents by clear and convincing evidence. The court held that the trial court’s rejection of the reformation defense was supported by the evidence and that prior pretrial rulings did not bind the appellate court on the full trial record.
- Ryan v Cunningham2026 NY Slip Op 04645
The court affirmed the denial of plaintiff’s motion to amend the complaint because the proposed amendment was patently devoid of merit, as the Building Code does not create a private right of action. The court also upheld the denial of default judgment due to procedural deficiencies and the order prohibiting plaintiff from filing further motions without permission due to abuse of the judicial process.
- Matter of Mid Riv. Mar., Inc. v Niagara Mohawk Power Corp.2026 NY Slip Op 04644
The court confirmed the determination authorizing the condemnation of real property and property rights, finding that the project serves a public purpose by increasing safety and mitigating risks to electric infrastructure. The court held that the scope of the taking was necessary and that the petitioner failed to demonstrate that the public purpose was merely incidental to private benefits.
- People v Johnson2026 NY Slip Op 04643
The court affirmed the determination that the defendant is a level two risk under the Sex Offender Registration Act, rejecting the request for a downward departure. The court found that the totality of the circumstances, including the defendant’s age and transfer of material, did not warrant a departure from the presumptive risk level.
- People v Stuckey2026 NY Slip Op 04642
The court affirmed the conviction, holding that the trial court did not abuse its discretion in denying the defendant’s motion to withdraw his guilty plea because there was no record support for his claim of actual innocence. The court further determined that claims regarding ineffective assistance of counsel were outside the record on appeal and required a CPL article 440 motion.
- People v Jones2026 NY Slip Op 04641
The trial court did not abuse its discretion in admitting surveillance video and a photographic still image, as the evidence was properly authenticated through testimony regarding the chain of custody and the integrity of the footage. The court further held that the evidence was legally sufficient to support the conviction for criminal possession of a weapon and that defense counsel was not ineffective for failing to raise a constitutional challenge to the weapon statutes.
- People v Bordies2026 NY Slip Op 04640
The court affirmed the conviction for murder in the second degree and criminal possession of a weapon, rejecting claims of Brady violations, improper admission of gang evidence, and prosecutorial misconduct. The court found the evidence legally sufficient to support the jury’s verdict and the sentence was not unduly harsh.
- People v Evans2026 NY Slip Op 04638
The court affirmed the convictions, finding that the defendant knowingly waived his right to appeal, but allowed review of the sentence severity because the trial court failed to advise him of potential enhanced incarceration periods. The court ultimately determined that the aggregate enhanced sentence was not unduly harsh or severe.
- People v Cleveland2026 NY Slip Op 04637
The court affirmed the conviction, holding that the defendant’s waiver of the right to appeal was valid and knowing, even without a specific list of surviving claims. The court further determined that the defendant’s challenge to the enhanced sentence was waived or unpreserved because he failed to object or move to withdraw the plea.
- People v Smith2026 NY Slip Op 04636
The court affirmed the judgment of conviction for manslaughter in the first degree, noting that the defendant’s unchallenged waiver of the right to appeal foreclosed his challenge to the severity of the sentence. The court ordered the certificate of conviction and uniform sentence and commitment form to be amended to specify the correct subsection of the Penal Law.
- People v Harris2026 NY Slip Op 04635
The Appellate Division reversed the lower court’s dismissal of the indictment, finding that the People did not violate the defendant’s statutory right to a speedy trial. The court determined that fewer than 181 days of delay were chargeable to the People, satisfying the six-month requirement under CPL 30.30.
- US Income Partners, LLC v Cypress Pointe FL Holdings, LLC2026 NY Slip Op 04634
The court affirmed the lower court’s denial of the plaintiff’s motion for an order of attachment and appointment of a temporary receiver, finding the plaintiff failed to demonstrate a probability of success on the merits or provide clear evidentiary support. Additionally, the court upheld the stay of proceedings on the remaining causes of action pending the outcome of a related action due to substantial identity of parties and issues.
- Matter of Spencer v City of Fulton2026 NY Slip Op 04633
The court confirmed the City’s determination denying the retired firefighter’s application for benefits, finding it supported by substantial evidence. The court held that the Hearing Officer was entitled to weigh conflicting medical evidence and assess witness credibility, particularly regarding the preexisting nature of the injuries.
- Matter of Allard v County of Steuben2026 NY Slip Op 04632
The Appellate Division held that the repeal of a local law providing indemnification to the County Sheriff was a legislative, rather than administrative, action, and therefore could not be invalidated based solely on an alleged improper animus. The court affirmed the validity of the local law, finding that the petitioner failed to meet the heavy burden of establishing invalidity beyond a reasonable doubt.
- Matter of WKP, LLC v Town of Lancaster2026 NY Slip Op 04630
The court modified the lower court’s order by dismissing the mandamus and time-barred Article 78 claims, but vacated the directive compelling the Town Board to revote because declaratory judgment cannot compel specific performance. Consequently, the subsequent order directing a second revote was reversed as it was predicated on the invalid initial directive.
- People v Reeder2026 NY Slip Op 04628
The court affirmed the conviction and sentence, determining that the defendant’s failure to appear at sentencing constituted a waiver of the right to be present and that the court conducted a sufficient inquiry before imposing an enhanced sentence. The court also ordered amendments to the sentencing documents to correctly reflect the defendant’s status as a second felony drug offender and the term of postrelease supervision.
- Ingram v Cuba Mem. Hosp., Inc.2026 NY Slip Op 04627
The court affirmed the denial of summary judgment, finding that the plaintiff’s expert affirmations created triable issues of fact regarding deviation and causation by squarely opposing the defendants’ expert opinions. Additionally, the court held that the Cuba defendants failed to meet their initial burden on deviation and Public Health Law claims, while the Olean defendants failed to meet their burden on causation regarding Patel.
- Tingue v Spencer2026 NY Slip Op 04626
The court affirmed the dismissal of the specific performance claim because the contract failed to comply with the statute of frauds. However, the court vacated the award of $50,000 in damages and attorney’s fees because the defendant failed to establish the monetary value of those damages.
- Matter of Kerry K. v State of New York2026 NY Slip Op 04623
The Appellate Division reversed the lower court’s order granting discharge, finding that the determination that the petitioner did not suffer from a mental abnormality was against the weight of the evidence. The court held that the lower court erred by failing to address the expert testimony regarding other specified paraphilic disorder and psychopathic traits, which, combined with antisocial personality disorder, can support a finding of mental abnormality.
- Murphy v City Mini Stor. LLC2026 NY Slip Op 04622
The court affirmed the summary judgment dismissing the plaintiff’s complaint, holding that the defendant met its prima facie burden under the storm in progress doctrine by establishing that a storm was ongoing at the time of the accident. The majority determined that light snowfall and the presence of footprints were sufficient to show the storm was in progress, despite the dissent’s argument that the accumulation was merely negligible.
- Matter of Tope v Shaquan R.2026 NY Slip Op 04621
The appellate court affirmed the lower court’s order authorizing involuntary medication, finding that the petitioner met the burden of proving the respondent lacked capacity and that the treatment was narrowly tailored. The court declined to review the contention regarding remote physician testimony because the record on appeal was incomplete.
- Matter of Towle v Seth2026 NY Slip Op 04619
The court vacated the grant of the mother’s petition for modification of custody and relocation because the lower court failed to make specific findings on the relevant statutory factors. Additionally, the court reversed the finding that the father committed a family offense, determining that the evidence did not establish the requisite intent to harass.
- People v Curtis2026 NY Slip Op 04618
The court affirmed the judgment, holding that the defendant’s challenge to the enhanced sentence was not preserved for review because he failed to object or move to withdraw his plea. Additionally, the court determined that the enhanced sentence was not unduly harsh or severe.
- People v Bax2026 NY Slip Op 04616
The court affirmed the conviction, holding that the defendant’s waiver of the right to appeal was valid despite the court’s failure to explicitly identify which claims would survive the waiver. Consequently, the valid waiver precluded appellate review of the defendant’s challenges to the search warrant and the severity of his sentence.
- People v Miller2026 NY Slip Op 04614
The court affirmed the convictions for attempted murder and related offenses, finding the evidence legally sufficient and not against the weight of the evidence despite the lack of forensic proof. The appeal regarding the original sentence was dismissed as superseded by a subsequent resentence, which was also affirmed as not unduly harsh.
- People v Moton2026 NY Slip Op 04613
The court affirmed the judgment, concluding that the sentence was not unduly harsh or severe even assuming the appeal waiver was invalid. The court also ordered the certificate of disposition to be amended to correctly reflect the convictions for criminal sale rather than criminal possession.
- Doe v Grasso2026 NY Slip Op 04612
The court affirmed the judgment regarding pain and suffering and lost earnings but set aside the verdict for past and future medical expenses, finding the future award based on uninformed speculation. A new trial on medical expenses was granted unless the plaintiff stipulated to reduce past medical expenses to the proven amount and future medical expenses to zero.
- Carrier Corp. v Allstate Ins. Co.2026 NY Slip Op 04610
The court affirmed the determination that subclinical injuries constituted injury-in-fact and that defense costs eroded policy limits, but vacated the award of damages for claims accruing prior to 2017. This modification was necessary because the plaintiffs failed to satisfy a condition precedent by making a definite claim for coverage within 12 months of payment.
- O’Grady v Auburn Enlarged City Sch. Dist.2026 NY Slip Op 04608
The court affirmed the dismissal of the complaint, finding that the jury’s verdict was logically possible and supported by the evidence, as the defendants’ negligence was not a substantial factor in causing the plaintiff’s injuries. The court also rejected the plaintiff’s procedural arguments regarding trial bifurcation, voir dire time limits, and jury instructions.
- Bray v Mullins2026 NY Slip Op 04607
The court affirmed summary judgment for the defendants, holding that the employer was not vicariously liable for the employee’s intentional torts because the acts were not within the scope of employment. Additionally, the court found no liability for false arrest because the defendant merely reported the incident to police without actively inducing the prosecution.
- Bieber v Town of Hamburg2026 NY Slip Op 04605
The court held that the employee’s statements accusing the plaintiff of being a pedophile constituted non-actionable opinion and rhetorical hyperbole rather than assertions of fact. Consequently, the lower court’s grant of summary judgment to the plaintiff on the slander per se claim was reversed and the complaint was dismissed.
- Viola v SUNY Upstate Univ. Hosp.2026 NY Slip Op 04604
The court reversed the lower court’s denial of the application to file a late claim, finding that the claimant demonstrated the appearance of merit and that the delay was minimal. The court determined that the evidence of excessive force during restraint was sufficient to show a valid cause of action, despite the attorney’s delay in obtaining records.
- Newton v Vancheri2026 NY Slip Op 04603
The court held that the two-day lapse between the theft and the accident did not legally extinguish the claim under Vehicle and Traffic Law § 1210 (a). However, the claim under Vehicle and Traffic Law § 388 was dismissed because the plaintiff’s concession that the vehicle was stolen rebutted the presumption of owner consent.
- Buffalo City Cemetery v Netherlands Ins. Co.2026 NY Slip Op 04602
The court held that a justiciable controversy existed for declaratory relief regarding the insurer’s duty to defend, as the policy endorsement was susceptible to more than one reasonable interpretation. However, the court modified the lower court’s order to dismiss the plaintiff’s claims for punitive damages and attorneys’ fees, as no independent tort or contractual basis supported such recovery.
- People v Little2026 NY Slip Op 04601
The court affirmed the conviction for attempted gang assault in the first degree, finding the waiver of the right to appeal valid. The majority held that this valid waiver precluded review of the sentence’s harshness and the imposition of mandatory surcharges and fees.
- People v Forshey2026 NY Slip Op 04599
The court affirmed the judgment, holding that the defendant’s valid waiver of the right to appeal precluded review of the factual sufficiency of his plea and that his remaining claims regarding the voluntariness of the plea and grand jury restraints were unpreserved for appellate review. The court declined to exercise its discretion to review the claim of improper use of visible restraints during the grand jury proceeding in the interest of justice.
- Vince’s Pizza Plus, Inc. v Dion DeFedericis2026 NY Slip Op 04598
The court held that the plaintiff’s claims were not barred by res judicata because New York’s permissive counterclaim rule allows separate claims to be brought in a second action if they do not impair rights established in the first. Additionally, the complaint was timely filed under CPLR 205(a) because it was commenced within six months of the prior action’s termination.
- People v McGuire2026 NY Slip Op 04597
The court held that the defendant’s motion papers raised a specific challenge to the reliability of the DMV database information, thereby shifting the burden to the People to prove the reliability of that information. Because the People failed to meet this burden, the physical evidence obtained from the traffic stop was suppressed and the indictment was dismissed.
- People v Johnson2026 NY Slip Op 04596
The court affirmed the denial of the defendant’s motion to dismiss on speedy trial grounds, determining that a 15-day delay was excludable because it pertained solely to a codefendant’s suppression motion. The People’s readiness for trial in the defendant’s case was not affected by the delay in the codefendant’s proceedings.
- People v Ocasio2026 NY Slip Op 04595
The Appellate Division held that the lower court erred by allowing the defendant to proceed pro se without conducting a sufficient searching inquiry into the waiver of the right to counsel. Consequently, the court held the case, reserved decision, and remitted the matter for further proceedings to ensure the defendant’s right to counsel was properly addressed.
- Fraser v Cornelius2026 NY Slip Op 04594
The court affirmed the denial of sanctions for spoliation because the plaintiff failed to establish that the defendant was involved in the destruction of the fence or that it occurred after the duty to preserve arose. Additionally, the court denied the motion to dismiss the affirmative defenses of comparative negligence, finding that the plaintiff failed to prove those defenses were without merit as a matter of law.
- O’Hare v Eddo2026 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.
- Deutsche Bank Natl. Trust Co. v Pulver2026 NY Slip Op 04591
The court affirmed the dismissal of the mortgage foreclosure action, holding that the Foreclosure Abuse Prevention Act (FAPA) applies retroactively to bar the action because the prior dismissal was due to neglect. The court further rejected constitutional challenges to FAPA and determined that a trial period plan did not reset the statute of limitations.
- Matter of Brady J. S. v Darla A. B.2026 NY Slip Op 04588
The court affirmed the Family Court’s order granting joint custody with designated zones of influence and its finding of civil contempt against the maternal grandparents. The appellate court determined that the child’s refusal to visit the father was the result of a prolonged campaign of alienation waged by the grandparents, rather than the child’s independent choice.
- People v Coleman2026 NY Slip Op 04587
The court reduced the conviction for assault in the second degree on count 1 to obstructing governmental administration in the second degree due to insufficient evidence of physical injury, while affirming the conviction on count 2. The court also affirmed the appointment of standby counsel and the adjudication of the defendant as a second felony offender.
- People v Hubbert2026 NY Slip Op 04586
The court affirmed the convictions for criminal contempt and aggravated family offense, rejecting claims of ineffective assistance of counsel and finding that the trial court properly denied a suppression motion without a hearing due to conclusory allegations. The appellate court also determined that the verdict was not against the weight of the evidence and that the sentence was not unduly harsh or severe.
- People v Major2026 NY Slip Op 04585
The court reversed the manslaughter in the second degree conviction because the verdict was against the weight of the evidence regarding the justification defense, as the People failed to prove beyond a reasonable doubt that the defendant could have retreated with complete personal safety. The convictions for criminal possession of a weapon in the second degree were affirmed, as the evidence was legally sufficient to disprove the defense of temporary and lawful possession.
- People v Milton2026 NY Slip Op 04584
The court affirmed the conviction, holding that the police’s request for the defendant’s name and date of birth fell within the pedigree exception to Miranda. The questioning was deemed a routine administrative inquiry rather than a disguised attempt at investigatory interrogation, despite the defendant’s subsequent incriminating responses.
- People v Wightman2026 NY Slip Op 04583
The superior court information was not jurisdictionally defective because CPL 200.60 (1) prohibits alleging the predicate prior conviction within the information itself, requiring it to be raised via a special information. The defendant’s challenge to the special information was waived by his guilty plea and failure to object below.
- Koff v Lawson2026 NY Slip Op 04582
The Appellate Division reversed the lower court’s grant of summary judgment because the defendant failed to establish as a matter of law that she was not negligent or that her negligence was not a proximate cause of the accident. The court found that the defendant’s own evidence raised triable issues of fact regarding whether she could have seen the plaintiff and failed to exercise due care.
- People v Neyshaliz M. V.2026 NY Slip Op 04581
The court held that the People failed to prove that the defendant displayed a firearm ‘in furtherance of’ the charged possession offenses, as merely emphasizing control of the weapon does not satisfy the statutory requirement. Consequently, the youthful offender adjudication was reversed and the matter remitted for further proceedings consistent with the decision.
- People v Wright2026 NY Slip Op 04580
The court affirmed the conviction, holding that the police pursuit of the defendant was justified by reasonable suspicion arising from his flight combined with the specific circumstances of a recent gunshot and his attempt to conceal an object. The court further determined that the police’s initial instruction to stop and show hands was a permissible common-law approach, as evidence did not support the claim that officers had their guns drawn at that time.
- People v Whitsett2026 NY Slip Op 04579
The Appellate Division affirmed the conviction for second-degree murder and criminal possession of a weapon, finding that the evidence was sufficient to support the verdict and that the prosecutor’s conduct did not deprive the defendant of a fair trial. The court determined that the grand jury proceeding was not defective and that the identity of the shooter was established by a compelling chain of circumstantial evidence.
- People v Covello2026 NY Slip Op 04578
The Appellate Division affirmed the lower court’s determination that the defendant is a level three risk under the Sex Offender Registration Act. The court found that any potential due process violation regarding the denial of an adjournment was harmless because the defendant’s prior conviction independently warranted an override to a level three risk.
- People v Williams2026 NY Slip Op 04577
The court affirmed the conviction, holding that the police encounters were lawful at inception and every subsequent stage, thereby justifying the refusal to suppress physical evidence. The court also determined that the sentence imposed was not unduly harsh or severe.
- Armbruster Capital Mgt., Inc. v Barrett2026 NY Slip Op 04576
The court affirmed the lower court’s denial of partial summary judgment because defendants raised triable issues of fact regarding the enforceability of restrictive covenants and the substantiality of any alleged breach. The appellate court determined that these factual disputes precluded the grant of summary judgment on the breach of contract claim.
- People v Stencel2026 NY Slip Op 04574
The court held that the introduction of evidence to a grand jury that is later found to be irrelevant at trial does not automatically render the grand jury proceedings defective or the indictment unsupported by legally sufficient evidence. Dismissal of an indictment for defective grand jury proceedings is an exceptional remedy reserved for rare cases of pervasive and willful prosecutorial misconduct, which was not present here.
- People v Bentley2026 NY Slip Op 04572
The court affirmed the convictions for weapon possession and controlled substance possession, finding the vehicle stop lawful based on probable cause for a traffic violation. The judgment was modified to amend the orders of protection to comply with statutory duration limits.
- Matter of NY Farmington I, LLC v Assessor for Town of Farmington2026 NY Slip Op 04571
The Town’s failure to file its local law opting out of the solar energy tax exemption with NYSERDA until 2021 did not render the law invalid or ineffectual. Consequently, the petitioners were not entitled to the property tax exemption for the Town’s portion of the assessment roll.
- Matter of Solar Advocate Dev., LLC v Assessor for Town of E. Bloomfield2026 NY Slip Op 04570
The court held that a municipality’s failure to file its local opting-out law with NYSERDA does not render the law invalid under RPTL 497 (2), which clarifies that such filing requirements are directory rather than mandatory. Consequently, the petitioner was not entitled to a partial tax exemption for its solar energy system because the County had validly opted out of the exemption prior to the system’s construction.
- People v Kelley2026 NY Slip Op 04569
The court affirmed the judgment of conviction, rejecting the defendant’s contention that the trial court’s failure to conduct a deeper inquiry into his request for new counsel implicated the voluntariness of his plea. The panel found that the trial court made requisite minimal inquiries and did not abuse its discretion in denying the requests.
- Gianna T.D. v 64 West Chippewa Associates LLC et al.2026 NY Slip Op 04567
The Appellate Division unanimously affirmed the lower court’s order granting the defendant’s motion to preclude the plaintiff from calling eight specific witnesses at trial. The court issued a memorandum decision consistent with its ruling in the related appeal number three.
- Edwards v Singer2026 NY Slip Op 04565
The Appellate Division affirmed the dismissal of the complaint, holding that the plaintiff’s signed release barred his personal injury claims. The court determined that the plaintiff failed to demonstrate that the release was voidable due to mutual mistake or fraud, as his injuries were known at the time of signing.
- EBF Holdings, LLC v Defiant Arms, L.L.C.2026 NY Slip Op 04563
The court held that the revenue purchase agreement was not a usurious loan because repayment was contingent rather than absolute. While the plaintiff met its burden for breach of contract against Defiant Arms, it failed to establish that the guarantor was liable for the specific breach alleged.
- East Side Parkways Coalition v New York State Dept. of Transp.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.
- People v Sean S.2026 NY Slip Op 04678
The court affirmed the denial of the defendant’s application for resentencing under the Domestic Violence Survivors Justice Act, finding that he failed to establish by a preponderance of the evidence that his childhood abuse was a significant contributing factor to his criminal behavior. The majority held that the defendant’s proof did not sufficiently link his past trauma to the specific acts of robbery and murder, which were instead attributed to other factors such as drug use and a desire to escape.
Appellate Term, Second Department
- People v Gershen2026 NY Slip Op 51313[U]
The conviction for speeding was affirmed because the trooper’s testimony regarding radar readings and visual speed estimates was sufficient to prove the violation beyond a reasonable doubt. The court found that the trial court did not err in excluding the defendant’s proffered evidence, as it was duplicative of his testimony and not exculpatory.
Also decided
- Matter of Berg 2026 NY Slip Op 04730 July 24, 2026
- In the Matter of James C. Zyskowski, an Attorney, Resignor. 2026 NY Slip Op 04729 July 24, 2026
- Matter of Allen 2026 NY Slip Op 04728 July 24, 2026
- Matter of Staub 2026 NY Slip Op 04727 July 24, 2026
- Matter of Szczur 2026 NY Slip Op 04726 July 24, 2026
- In the Matter of Eric Shults, an Attorney, Resignor 2026 NY Slip Op 04725 July 24, 2026
- Matter of Gabriel M.R. v Belladior R. 2026 NY Slip Op 04721 July 24, 2026
- People v Atkins 2026 NY Slip Op 04719 July 24, 2026
- Matter of Hanalise S. (Ezra B.B.) 2026 NY Slip Op 04711 July 24, 2026
- Matter of M.M. v New York State Dept. of Health 2026 NY Slip Op 04707 July 24, 2026
- People v Cao 2026 NY Slip Op 04701 July 24, 2026
- People v Rivera 2026 NY Slip Op 04698 July 24, 2026
- People v Felvus 2026 NY Slip Op 04697 July 24, 2026
- People v Evans 2026 NY Slip Op 04692 July 24, 2026
- Matter of Solomon 2026 NY Slip Op 04688 July 24, 2026
- People v Daniel M.-A. 2026 NY Slip Op 04679 July 24, 2026
- People v Ray 2026 NY Slip Op 04668 July 24, 2026
- People v Fuller 2026 NY Slip Op 04665 July 24, 2026
- People v Lyons 2026 NY Slip Op 04663 July 24, 2026
- Ideal You Weight Loss Ctr., LLC v Zillioux 2026 NY Slip Op 04649 July 24, 2026
- Letersky v Militello Farms, Inc. 2026 NY Slip Op 04648 July 24, 2026
- People v Evans 2026 NY Slip Op 04639 July 24, 2026
- Matter of WKP, LLC v Town of Lancaster 2026 NY Slip Op 04631 July 24, 2026
- People v Coleman 2026 NY Slip Op 04629 July 24, 2026
- Whelan v Buffalo Mun. Hous. Auth. 2026 NY Slip Op 04625 July 24, 2026
- Whelan v Buffalo Mun. Hous. Auth. 2026 NY Slip Op 04624 July 24, 2026
- Matter of Towle v Seth 2026 NY Slip Op 04620 July 24, 2026
- People v Asbury 2026 NY Slip Op 04617 July 24, 2026
- People v Miller 2026 NY Slip Op 04615 July 24, 2026
- LG 55 Doe v Grasso 2026 NY Slip Op 04611 July 24, 2026
- Carrier Corp. v Allstate Ins. Co. 2026 NY Slip Op 04609 July 24, 2026
- Jones v State of New York 2026 NY Slip Op 04606 July 24, 2026
- Fraser v Cornelius 2026 NY Slip Op 04593 July 24, 2026
- Matter of Brady J.S. v Darla A.B. 2026 NY Slip Op 04590 July 24, 2026
- Matter of Brady J.S. v Darla A.B. 2026 NY Slip Op 04589 July 24, 2026
- Matter of Kadenhead v Martuscello 2026 NY Slip Op 04575 July 24, 2026
- People v Wright 2026 NY Slip Op 04573 July 24, 2026
- Gianna T. D. v 64 W. Chippewa Assoc. LLC 2026 NY Slip Op 04568 July 24, 2026
- Gianna T.D. v 64 West Chippewa Associates LLC et al. 2026 NY Slip Op 04566 July 24, 2026
- Matter of Abdoch v Abdoch 2026 NY Slip Op 04564 July 24, 2026
Published July 25, 2026. Updated November 14, 2026.