New York Law Watch
Week ending September 5, 2026
84 decision records: 70 meet the substance floor; 14 records are held from search listings.
Decision dates in this week run from September 2, 2026 to September 3, 2026, from 4 courts.
Selected decisions
Arbitration award vacated for the umpire’s undisclosed solicitation of work from the other side
Matter of 57th & 6th Ground LLC v Carnegie House Tenants Corp.
Holding 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.
the umpire created an appearance of impropriety when he directly communicated with the landlord's counsel about a paid offer to serve as a neutral umpire in the Durst matter
2026 NY Slip Op 05230, at the official text
The 90-day custody clock under CPL 30.30 (2) (a) counts only days actually in custody
People ex rel. Liles v Richards
Holding 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.
we hold that the calculable time within which the People must be ready for trial under CPL 30.30(2)(a) is only the actual period or periods of time that the defendant spent incarcerated
2026 NY Slip Op 05191, at the official text
By court
Appellate Division, First Department
- People v Key2026 NY Slip Op 05234
The Appellate Division reversed the lower court’s retention of the case in the Youth Part, exercising its interest-of-justice power to substitute its discretion despite the absence of an abuse of discretion. The court held that the totality of circumstances, particularly substantial mitigating factors, did not establish the ‘extraordinary circumstances’ required to overcome the statutory presumption of removal to Family Court under the Raise the Age legislation.
- Jefferies LLC v Mountain State Energy Holdings LLC2026 NY Slip Op 05232
The court affirmed the dismissal of the tortious interference claim against the nonparty defendant because the confidentiality agreement’s nonrecourse provision barred liability, and the alleged conduct did not constitute the type of intentional wrongdoing unrelated to legitimate economic self-interest required to render such provisions unenforceable. Additionally, the claim against the contracting party was dismissed as duplicative of the breach of contract claim, and the fraudulent inducement claim failed due to insufficient pleading and improper damages.
- Beach v Touradji Capital Mgt., LP2026 NY Slip Op 05231
The Appellate Division reversed the lower court’s decision to set aside the jury verdict and reinstate dismissed counterclaims, finding that the defendants failed to demonstrate that the verdict was contrary to the weight of the evidence. The court held that the theoretical risk of inconsistent verdicts in a future trial was insufficient to justify disturbing the favorable jury verdict on the counterclaims.
- Matter of 57th & 6th Ground LLC v Carnegie House Tenants Corp.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.
Appellate Division, Second Department
- People ex rel. Florez v Commissioner of N.Y. City Dept. of Corr.2026 NY Slip Op 05215
The court sustained the writ of habeas corpus, directing the immediate release of the petitioner upon the posting of bail in the sum of $500,000, $750,000, or $250,000. The release is conditioned on the petitioner wearing an electronic monitoring bracelet, remaining confined to his residence except for specific visits, and surrendering all passports.
- Wilmington Sav. Fund Socy., FSB v Schwartz2026 NY Slip Op 05214
The defendants, who were not parties to the underlying note or mortgage, lacked standing to raise the plaintiff’s alleged failure to serve a notice of default as a defense. The plaintiff established its standing to foreclose by submitting a copy of the note, endorsed in blank, annexed to the complaint at the time the action was commenced.
- Wilmington Savings Fund Society, FSB, etc., v Nina Fischman, et al.2026 NY Slip Op 05212
The Appellate Division reversed the judgment of foreclosure and sale because the plaintiff’s RPAPL 1304 notice, issued before a statutory amendment, failed to satisfy the condition precedent for commencing the action after the amendment’s effective date. Consequently, the plaintiff’s motion for summary judgment and to strike the affirmative defense regarding non-compliance with RPAPL 1304 was denied.
- Velasquez v Kelly2026 NY Slip Op 05211
The appellate court dismissed the third-party defendant’s appeal for lack of standing and modified the lower court’s order to vacate the conditional striking of the defendant’s answer. The court determined that the defendant complied with the discovery order by demonstrating the requested footage did not exist and that he had a potentially meritorious defense.
- Vaynman v 3 Kings Point Realty, LLC2026 NY Slip Op 05210
The Appellate Division dismissed the appeal regarding the denial of reargument but modified the lower court’s order to grant the plaintiffs’ motion to dismiss the defendants’ second, third, and fifth counterclaims. The court found that the counterclaims for defamation, tortious interference, and common-law indemnification failed to meet the required pleading standards for specificity and factual allegations.
- U.S. Bank, N.A. v Ifemesia2026 NY Slip Op 05209
The Supreme Court properly denied the defendant’s motion to stay the foreclosure sale because the plaintiff’s delay was excused under CPLR 2004. Additionally, the court correctly denied the motion to toll interest accrual as the defendant failed to demonstrate wrongful conduct by the plaintiff.
- Tenezaca v New York City Health & Hosps. Corp.2026 NY Slip Op 05208
The Appellate Division reversed the lower court’s denial of the plaintiff’s motion to deem a late notice of claim timely served, finding that the medical records provided the defendant with actual knowledge of the essential facts constituting the claim. Consequently, the dismissal of the complaint for failure to serve a timely notice of claim was also reversed.
- Suffolk County Pub. Admr. v Davin’s Funeral Home, Inc.2026 NY Slip Op 05207
The Appellate Division reversed the lower court’s dismissal, holding that the plaintiff’s new action was timely commenced under the savings provision of CPLR 205(a). The court determined that the prior action terminated in April 2023, and the new action was commenced and served within the required six-month period.
- Sofra Mediterranean Grill, Ltd. v Chebli2026 NY Slip Op 05206
The Appellate Division affirmed the lower court’s order striking the defendant’s answer and third-party complaint, as well as the plaintiff’s amended complaint and the third-party defendants’ answer, due to willful and contumacious conduct. The court found that both sides demonstrated repeated failures to comply with court-ordered discovery demands and deposition schedules, justifying the severe sanctions under CPLR 3126.
- Simon v Plainview Ave. Assoc.2026 NY Slip Op 05205
The Appellate Division reversed the lower court’s grant of summary judgment, finding that the plaintiff’s testimony raised triable issues of fact regarding whether the forklift was an open and obvious hazard. The court determined that the forklift’s location in the aisle, which prevented the plaintiff from positioning his cart, created a potentially inherently dangerous condition.
- Scopinich v Brookhaven Mem. Hosp. Med. Ctr., Inc.2026 NY Slip Op 05204
The court reversed the lower court’s denial of summary judgment, granting dismissal of the medical malpractice, wrongful death, negligence, and Public Health Law § 2801-d claims against the defendant. The defendant met its prima facie burden by showing no departure from accepted practice or regulatory violations, while the plaintiff’s expert testimony was deemed conclusory and insufficient to raise a triable issue of fact.
- Schwartz v Goldstein2026 NY Slip Op 05203
The court affirmed the dismissal of the plaintiffs’ claims for conversion and breach of fiduciary duty, finding that the defendant, as successor trustee, rightfully possessed the sale proceeds and the plaintiffs lacked a superior ownership interest. Additionally, the court denied the plaintiffs’ cross-motion to amend the complaint to add their mother as a plaintiff because the proposed amendment was patently devoid of merit.
- Santostefano v Zabell2026 NY Slip Op 05202
The Appellate Division affirmed the dismissal of the legal malpractice complaint because the plaintiff failed to demonstrate actual and ascertainable damages resulting from the attorneys’ alleged negligence. The court further held that the plaintiff failed to raise a triable issue of fact regarding the claim of violation of Judiciary Law § 487.
- Ramos v 126th St. Equities, LLC2026 NY Slip Op 05201
The Appellate Division affirmed the trial court’s order striking a notice to admit because it improperly sought admissions of legal conclusions or fundamental material issues. The court held that such matters are not suitable for a notice to admit and can be addressed through other discovery devices like depositions.
- Pitt v Rosenblatt2026 NY Slip Op 05200
The court affirmed the denial of judgment as a matter of law but reversed the denial of a motion to set aside the verdict as against the weight of the evidence. The jury’s answers were irreconcilably inconsistent because they found no sudden medical emergency occurred while simultaneously finding the driver was not negligent.
- People v Zaman2026 NY Slip Op 05199
The court affirmed the judgment, finding the guilty plea was valid and the sentence not excessive, but determined that the defendant’s appeal waiver was ineffective because the trial court mischaracterized the right to appeal. Consequently, the appellate court reviewed the excessive sentence claim on the merits despite the purported waiver.
- People v Williams2026 NY Slip Op 05198
The court affirmed the convictions for assault in the first degree and criminal possession of a weapon in the third degree, finding the evidence legally sufficient and not against the weight of the evidence. The court also held that the trial court properly disqualified defense counsel due to a potential conflict of interest and correctly limited the jury instruction to the justification of deadly physical force.
- People v Truell2026 NY Slip Op 05197
The court affirmed the conviction for robbery in the first degree, finding that probable cause existed for the arrest and that exigent circumstances justified the warrantless search of a backpack. The court also determined that the admission of Molineux evidence was proper and any error was harmless, while rejecting claims of prosecutorial misconduct and ineffective assistance of counsel.
- People v Merino2026 NY Slip Op 05196
CPL 420.45 applies to instruments containing false statements or information, not just forged signatures, allowing a court to declare a deed void ab initio following a conviction for offering a false instrument for filing. The statutory presumption that the instrument is void ab initio was not rebutted by the appellant’s evidence regarding the familial relationship or notarization.
- People v Huff2026 NY Slip Op 05195
The court affirmed the conviction for conspiracy in the fourth degree, finding the evidence legally sufficient and not against the weight of the evidence. The admission of gang affiliation evidence was upheld as probative of motive and relationships, with any prejudice minimized by limiting instructions.
- People v Franco-Martinez2026 NY Slip Op 05194
The court affirmed the conviction, holding that pre-Miranda questioning regarding the defendant’s physical condition fell within the pedigree exception and did not invalidate the subsequent waiver. The court further found the evidence legally sufficient to establish intent to kill and that the jury’s rejection of the extreme emotional disturbance defense was not against the weight of the evidence.
- People v Deleon2026 NY Slip Op 05193
The court affirmed the judgment of conviction, determining that the verdict was not against the weight of the evidence based on witness identifications and the defendant’s statement. The court declined to review the ineffective assistance of counsel claim on direct appeal, directing that it be raised in a CPL 440.10 proceeding.
- People v Crisp2026 NY Slip Op 05192
The judgment of conviction is affirmed because the defendant failed to preserve his claims of unfair trial and ineffective assistance of counsel for appellate review. Additionally, the court granted the People’s motion to strike portions of the defendant’s reply brief that raised new arguments for the first time.
- People ex rel. Liles v Richards2026 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.
- O’Connor v Long Is. Jewish Med. Ctr.2026 NY Slip Op 05190
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a summary judgment order, finding that the plaintiff failed to demonstrate a potentially meritorious opposition. The court determined that the plaintiff did not submit a non-conclusory expert opinion that specifically addressed the defense expert’s assertions regarding the standard of care for fall prevention.
- Nouveau Elevator Industries, LLC v Eli Inzlicht Sprei2026 NY Slip Op 05189
The Appellate Division affirmed the denial of the defendant’s motion to vacate a default judgment, finding that the process server’s affidavit established a presumption of proper service that the defendant failed to rebut. Additionally, the defendant did not demonstrate a reasonable excuse for his default, rendering it unnecessary to consider whether he had a meritorious defense.
- Newman v Eshghi2026 NY Slip Op 05188
The court dismissed the appeal regarding evidentiary rulings as not appealable and granted leave to appeal the statute of limitations ruling, deeming it an application for leave to appeal. The court affirmed the lower court’s denial of the motion in limine, holding that it was an inappropriate substitute for a motion for summary judgment without a showing of newly discovered evidence.
- Matter of Starna v New York City Fire Dept.2026 NY Slip Op 05187
The Appellate Division reversed the money judgment awarding attorneys’ fees because such fees are not recoverable in CPLR article 78 proceedings unless authorized by agreement, statute, or court rule. The court determined that the lower court improperly awarded fees in the absence of such authorization.
- Matter of Kupi v Schroeder2026 NY Slip Op 05186
The court confirmed the Department of Motor Vehicles’ determination to revoke the petitioner’s driver license, finding that the administrative record contained substantial evidence supporting the finding that the petitioner refused to submit to a chemical test. The court held that the reviewing court could not substitute its judgment for that of the agency because the evidence, including officer testimony and the petitioner’s failure to testify, demonstrated reasonable grounds for the arrest and the refusal.
- Matter of Fried v Lopez2026 NY Slip Op 05185
The amendments to the Rent Stabilization Law enacted by the Housing Stability and Tenant Protection Act of 2019 apply to pending holdover proceedings where the landlord had not yet obtained a judgment of possession. Consequently, the landlord was not entitled to recover the unit for personal use, and the tenants were entitled to dismissal of the petition.
- Matter of Douglass2026 NY Slip Op 05184
The court confirmed the Special Referee’s report sustaining all eight charges of professional misconduct against the respondent. The court imposed a one-year suspension from the practice of law, citing the respondent’s failure to supervise nonlawyers, discourteous conduct before a tribunal, and violation of a protective order.
- Matter of Ceasar v New York City Employees’ Retirement Sys.2026 NY Slip Op 05183
The Appellate Division reversed the lower court’s award of attorneys’ fees because such awards in CPLR article 78 proceedings require authorization by agreement, statute, or court rule. Additionally, the court found that any sanction for frivolous conduct was improper because the respondents were not afforded a reasonable opportunity to be heard before the sanctions were imposed.
- Matter of Caceres v NYC Health & Hosps.2026 NY Slip Op 05182
The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the petitioners established a reasonable excuse for the delay due to the infant’s medical condition and that the public corporation was not prejudiced. The proposed notice of claim was deemed served nunc pro tunc.
- Matter of C & L Concrete Corp. v Shawmut Woodworking & Supply, Inc.2026 NY Slip Op 05181
The court affirmed the permanent stay of arbitration because the contract between the parties did not affirmatively establish an express agreement to arbitrate their disputes. Furthermore, the contractual provision allowing one party to submit matters to arbitration in a jurisdiction of its choosing was deemed void under General Business Law § 757[1].
- Matter of 826 Marcy Ave., LLC v State of N.Y. Div. of Hous. & Community Renewal2026 NY Slip Op 05180
The court affirmed the lower court’s dismissal of the CPLR article 78 proceeding, finding that the DHCR’s denial of the rent stabilization exemption was supported by a rational basis. The agency’s determination was not arbitrary and capricious because the petitioner failed to demonstrate that the building was substantially rehabilitated as required by the operational bulletin.
- Morgan v McLeod2026 NY Slip Op 05179
The Appellate Division affirmed the denial of the plaintiff’s motion to extend the time to serve the summons and complaint. The court found that the plaintiff failed to demonstrate reasonable diligence in attempting service or that an extension was warranted in the interest of justice.
- Mohamad v Csompo2026 NY Slip Op 05178
The Appellate Division reversed the lower court’s grant of summary judgment because the defendants’ expert failed to address conflicting evidence regarding the application of fundal pressure during delivery. Consequently, the defendants did not make a prima facie showing that they adhered to accepted medical practice or that their actions were not the proximate cause of the child’s injuries.
- Lynch v Partelow2026 NY Slip Op 05177
The Appellate Division affirmed the summary judgment dismissing the complaint because the defendant established prima facie that the decedent’s negligent operation was the sole proximate cause of the accident. The plaintiff failed to raise a triable issue of fact in opposition to the motion.
- Lopez-Martinez v Leroux2026 NY Slip Op 05176
The Appellate Division reversed the lower court’s denial of the plaintiff’s motion to lift a stay, finding that the prior dismissal order only applied to the decedent’s claim. The court held that the defendants failed to establish that the action was dismissed in its entirety, requiring a remittal for a determination on the merits of the surviving plaintiff’s motion.
- Lewis v New York City Tr. Auth.2026 NY Slip Op 05175
The Appellate Division reversed the lower court’s order compelling the production of the driver’s personnel file and policy manuals, finding them irrelevant under respondeat superior. It also modified the order to deny the plaintiff’s motion to compel additional depositions, as the plaintiff failed to demonstrate that existing witnesses were inadequate or that new witnesses possessed material information.
- Kept Realty, LLC v Meir Miller, LLC2026 NY Slip Op 05174
The court modified the lower court’s order to deny the plaintiff’s cross-motion for summary judgment because the lease provisions regarding the renewal option were ambiguous and triable issues of fact existed. Specifically, it was unclear whether the tenant was in default beyond the cure period and whether timely written notice of the option’s exercise was provided.
- Jacobs v Arlington Owners Inc.2026 NY Slip Op 05173
The court affirmed the dismissal of the breach of contract and implied covenant of good faith and fair dealing claims because the plaintiff failed to demonstrate that the defendant breached any specific provision of the terms of sale. The terms of sale did not obligate the defendant to assist the plaintiff with financing or allow access for an appraisal, and the implied covenant cannot create obligations inconsistent with the contract’s plain terms.
- HSBC Bank USA, National Association, etc., v Joy Wharton, etc., et al., defendants; Property 1501, LLC, nonparty-respondent2026 NY Slip Op 05172
The court affirmed the dismissal of the complaint against Joy Wharton as abandoned under CPLR 3215(c) due to the plaintiff’s failure to move for default judgment within one year. However, the court reversed the dismissal of the complaint against the remaining defendants under CPLR 306-b because the nonparty movant lacked standing as a successor in interest to those specific defendants.
- Hampshire Recreation, LLC v Village of Mamaroneck2026 NY Slip Op 05171
The Appellate Division affirmed the lower court’s order compelling the defendants to comply with discovery demands in a regulatory taking action. The court determined that the requested materials were reasonably calculated to yield information material and necessary to the prosecution of the action, specifically regarding investment-backed expectations and the character of government action.
- Graudins v Hunt2026 NY Slip Op 05168
The defendant lacked standing to enforce a stipulation requiring the decedent to maintain life insurance because the children, not the defendant, were the intended beneficiaries. Consequently, the Supreme Court properly denied the defendant’s cross-motion to recover the policy value from the decedent’s estate.
- Gooding v Bank of N.Y. Mellon2026 NY Slip Op 05167
The court affirmed the dismissal of the plaintiff’s quiet title action because she failed to establish that her possession of the property was hostile or under a claim of right. The evidence showed the plaintiff was a nominal owner under an agreement with the title holder, which negated the requisite hostile intent for adverse possession.
- Garanin v Bykhovsky2026 NY Slip Op 05166
The court affirmed the dismissal of the plaintiff’s claim for wrongful eviction under RPAPL 853 because he failed to establish that he was in actual physical possession of the property. The plaintiff voluntarily moved to a side unit and only visited the main part of the home to see his children, not to occupy it.
- Federal National Mortgage Association v Gooch2026 NY Slip Op 05165
The foreclosure action was a legal nullity because it was commenced against a deceased mortgagor rather than her estate’s personal representative. Subsequent amendments to substitute heirs or add defendants did not cure the jurisdictional defect or effectuate jurisdiction over the estate.
- Druzhinsky v Trump Vil. Section 4, Inc.2026 NY Slip Op 05164
The plaintiff breached the contract by failing to submit a complete application package within the required five-day period, entitling the defendant to summary judgment dismissing the complaint. The defendant, as the prevailing party, is also entitled to recover reasonable attorneys’ fees pursuant to the terms of sale.
- Digangi v New York City Sch. Constr. Auth.2026 NY Slip Op 05162
The court affirmed the dismissal of the Labor Law § 240(1) claim because the three-foot fall did not present a significant elevation-related risk, and modified the order to dismiss the Labor Law § 241(6) claims predicated on specific Industrial Code provisions and OSHA regulations. The court denied summary judgment on the common-law negligence and Labor Law § 200 claims, finding triable issues of fact regarding the defendants’ notice of the icy condition.
- Deluca v Golden Gate Rehabilitation & Health Care Ctr., LLC2026 NY Slip Op 05161
The Supreme Court properly granted summary judgment dismissing the medical malpractice and Public Health Law § 2801-d claims because the defendant established no departure from the standard of care and the plaintiff’s expert failed to raise a triable issue of fact. The plaintiff’s opposition was deemed speculative and conclusory, failing to rebut the specific assertions of the defendant’s expert.
- Cox v Cove 5, LLC2026 NY Slip Op 05160
The court affirmed the dismissal of the complaint against the tenant, Dublin Deck, Inc., as it established it did not own, occupy, or control the parking lot. However, the court reversed the dismissal against the property owners, Cove 5, LLC, and Leeward 5, Inc., because they failed to establish that the railroad tie was an open and obvious condition that was not inherently dangerous.
- Compensation Guidance, Inc. v Aspro Plumbing, Inc.2026 NY Slip Op 05159
The court affirmed the dismissal of the plaintiff’s breach of contract and unjust enrichment claims because the plaintiff was not licensed as an insurance consultant in New York. Consequently, the contract was deemed unenforceable, and the plaintiff could not recover fees for services rendered.
- Cohen v A 2019 Nissan2026 NY Slip Op 05158
The court affirmed the judgment directing the forfeiture of the vehicle, holding that the defendant’s challenges to the post-seizure hearing procedures were rendered academic by his stipulation to return the vehicle. The court further held that Suffolk County’s civil forfeiture statute was not preempted by state law and that the forfeiture did not constitute an excessive fine under the State and Federal Constitutions.
- Carey v State of New York2026 NY Slip Op 05157
The State of New York has no duty to ensure the safety of areas of a roadway that are not intersections or designated crosswalks where pedestrian presence is not foreseeable. Consequently, the Court of Claims properly granted summary judgment dismissing the claimant’s personal injury claim.
- Breslin Brookhaven, LLC v Rose2026 NY Slip Op 05156
The Appellate Division modified the lower court’s order to grant the defendants’ motion to compel arbitration, finding that the arbitration clause was broad enough to cover the dispute and that the nonsignatory defendant was entitled to enforce it as an assignee. The court further held that the defendants did not waive their right to arbitrate by litigating a separate action.
- Boutureira v Grotas2026 NY Slip Op 05155
The Appellate Division modified the lower court’s order to deny summary judgment on the medical malpractice and lack of informed consent claims related to the plication surgery. The court found that the defendants failed to establish their prima facie entitlement to judgment as a matter of law because triable issues of fact remained regarding the acute phase of the plaintiff’s condition and the adequacy of informed consent.
- Board of Educ. of the Lawrence Union Free Sch. Dist. v Incorporated Vil. of Cedarhurst2026 NY Slip Op 05154
The petitioners lacked standing to challenge the village’s SEQRA determination because their alleged injuries were either economic, shared by the public at large, or too speculative. Consequently, the lower court’s dismissal of the petition was affirmed, though the procedural mechanism was corrected to a declaratory judgment.
- A.L.A.C. Contracting Corp. v State of New York-Department of Transportation2026 NY Slip Op 05152
The Court of Claims properly granted summary judgment dismissing the claim because the claimant failed to strictly comply with the contract’s condition precedent notice and record-keeping requirements. The claimant’s notice was untimely, and failure to literally perform these express conditions constituted a waiver of the claim for additional compensation.
- 11-36 31st Ave. Lender, LLC v RM Newman, LLC2026 NY Slip Op 05151
The Appellate Division reversed the judgment regarding the deficiency judgment because the plaintiff’s electronic filing of motion papers did not constitute proper service under RPAPL 1371(2). Consequently, the failure to provide proper notice served as a complete bar to the entry of the deficiency judgment.
Appellate Division, Third Department
- Matter of Reichenberg2026 NY Slip Op 05227
The court granted the attorney’s application to resign from the New York bar for nondisciplinary reasons and accepted his resignation. Consequently, his name was stricken from the roll of attorneys and he was ordered to cease practicing law in the state.
- Matter of Matheson2026 NY Slip Op 05222
The court granted Daniel John Matheson’s application to resign from the New York bar for nondisciplinary reasons. His name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in New York.
- In the Matter of Zack Allen Clement, an Attorney2026 NY Slip Op 05220
The court granted Zack Allen Clement’s application for permission to resign from the New York bar for nondisciplinary reasons. Consequently, his name was stricken from the roll of attorneys and he was commanded to desist from the practice of law in the State of New York.
- Matter of Loja-Saula v Cosan Constr. Corp.2026 NY Slip Op 05218
The Appellate Division affirmed the Workers’ Compensation Board’s determination that there was insufficient proof that the claimant violated Workers’ Compensation Law § 114-a by knowingly making false statements regarding prior injuries. The court held that the Board’s credibility determinations and factual findings, which found the carrier’s evidence inconclusive due to inconsistencies in identity and injury details, were supported by substantial evidence.
- Matter of Raymond R. (Raymond T.)2026 NY Slip Op 05217
The appeal is dismissed as moot because the subject child was discharged from the residential treatment program and turned eighteen years old during the pendency of the appeal. The court further denied the attorney for the child’s motion to compel production of the child as academic.
- People v Shawn A.2026 NY Slip Op 05216
The court held that a step one dismissal of a request to apply for resentencing under the Domestic Violence Survivors Justice Act is not appealable as of right because it does not constitute an order denying resentencing. The majority reasoned that the pre-application phase is distinct from the merits of the resentencing application and does not trigger the statutory right to appeal.
Also decided
- Matter of Weisbard 2026 NY Slip Op 05229 September 3, 2026
- In the Matter of Kevin Patrick Shannon, an Attorney 2026 NY Slip Op 05228 September 3, 2026
- Matter of Capasso 2026 NY Slip Op 05226 September 3, 2026
- In the Matter of Abby Holland Walters, an Attorney 2026 NY Slip Op 05225 September 3, 2026
- Matter of Patel 2026 NY Slip Op 05224 September 3, 2026
- In the Matter of Susan Jeanine McCue, an Attorney 2026 NY Slip Op 05223 September 3, 2026
- In the Matter of Stephen Klar, an Attorney 2026 NY Slip Op 05221 September 3, 2026
- Matter of Cruz v Martuscello 2026 NY Slip Op 05219 September 3, 2026
- National Football League et al. v U.S. Specialty Insurance Company et al. 2026 NY Slip Op 05233 September 3, 2026
- Wilmington Savings Fund Society, FSB v Schwartz 2026 NY Slip Op 05213 September 2, 2026
- Hampshire Recreation, LLC v Village of Mamaroneck 2026 NY Slip Op 05169 September 2, 2026
- Druzhinsky v Trump Vil. Section 4, Inc. 2026 NY Slip Op 05163 September 2, 2026
- Aurora Loan Services, LLC v Miller 2026 NY Slip Op 05153 September 2, 2026
- Python Financial Solutions, Inc. v SDCK I LLC 2026 NY Slip Op 51450(U) September 2, 2026
Published September 5, 2026. Updated November 14, 2026.