New York Law Watch
Week ending September 12, 2026
22 decision records: 16 meet the substance floor; 6 records are held from search listings.
Decision dates in this week run from September 8, 2026 to September 11, 2026, from 5 courts.
Selected decisions
Contempt against the Office of Mental Health stands; a patient’s refusal of treatment is no defence to delayed transfer
Holding The Appellate Division affirmed the finding of civil contempt against the Office of Mental Health for delaying the transfer of a mentally ill defendant to a secure psychiatric facility, rejecting the argument that the defendant’s refusal of treatment broke the chain of causation. The court held that the defendant suffered actual loss or injury due to the delay, entitling him to a fine sufficient to indemnify him rather than the statutory minimum.
OMH's attempt to blame defendant for his loss because he is mentally ill and refuses treatment is risible.
2026 NY Slip Op 05242, at the official text
By court
Appellate Division, First Department
- People v G.O.2026 NY Slip Op 05242
The Appellate Division affirmed the finding of civil contempt against the Office of Mental Health for delaying the transfer of a mentally ill defendant to a secure psychiatric facility, rejecting the argument that the defendant’s refusal of treatment broke the chain of causation. The court held that the defendant suffered actual loss or injury due to the delay, entitling him to a fine sufficient to indemnify him rather than the statutory minimum.
- Riley v Memorial Sloan-Kettering Cancer Ctr.2026 NY Slip Op 05241
The court held that a permanent staircase qualifies as a statutory safety device under Labor Law § 240(1) when it is the sole means of access to the work area, even if an alternative route exists but is not viable. The court also granted conditional contractual indemnification to the general contractor based on the subcontract terms.
- Matter of Bernstein2026 NY Slip Op 05239
The court granted the Attorney Grievance Committee’s motion for reciprocal discipline, imposing a public censure on the respondent. This sanction was deemed commensurate with the reprimand imposed by the Supreme Court of New Jersey for the respondent’s false statements to tribunals regarding client termination and fee balances.
- Hoeben v FCA US LLC2026 NY Slip Op 05238
The Appellate Division affirmed the denial of summary judgment to the vehicle and component manufacturers, finding that triable issues of fact existed regarding design defects, failure to warn, and implied warranty. The court determined that expert testimony and evidence of alternative designs and internal research created sufficient doubt about the safety and feasibility of the defendants’ products.
- Gamma USA, Inc. v Pavarini McGovern, LLC2026 NY Slip Op 05237
The Appellate Division modified the lower court’s order to dismiss only those portions of the counterclaim seeking delay damages in excess of the $3.6 million liquidated damages cap and consequential damages. The court held that the contractual provisions did not limit the recovery of the Owner’s direct damages, which remained recoverable under the pass-through claim.
Appellate Division, Second Department
- Matter of Ramos v Barravecchio2026 NY Slip Op 05255
The appellate court affirmed the lower court’s denial of the motion to dismiss the petition, finding that the failure to verify the petition was not a basis for dismissal because the respondent failed to give notice with due diligence regarding the defect. Additionally, the court noted that there was no allegation that any substantial right would be prejudiced by the allegedly defective verification.
Appellate Division, Third Department
- Matter of Spinelli2026 NY Slip Op 05254
The court granted the attorney’s application for reinstatement to the New York bar, finding that she satisfied the required continuing legal education and character and fitness standards. Her name was restored to the roll of attorneys and counselors-at-law effective immediately.
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Liu)2026 NY Slip Op 05251
The court granted the respondent’s motion for reinstatement to the practice of law after determining by clear and convincing evidence that they satisfied the requisite character, fitness, and public interest standards. The respondent was reinstated as an attorney and counselor-at-law effective immediately.
- Matter of Attorneys in Violation of Judiciary Law § 468-a. (Kline)2026 NY Slip Op 05250
The court granted the respondent’s motion for reinstatement after determining by clear and convincing evidence that she satisfied the requisite character and fitness standards. The court further found that reinstatement would be in the public interest, ordering her reinstated as an attorney and counselor-at-law effective immediately.
- In the Matter of Joseph Derrick Lento, an Attorney2026 NY Slip Op 05249
The court granted the Attorney Grievance Committee’s motion to impose reciprocal discipline, finding that the respondent failed to establish any defenses against the imposition of discipline based on his misconduct in other jurisdictions. The court suspended the respondent for three years, citing aggravating factors such as a serious pattern of misconduct and failure to report prior discipline.
- In the Matter of Lora Erin Como, an Attorney2026 NY Slip Op 05247
The court granted the Attorney Grievance Committee’s motion for interim suspension because the respondent’s willful refusal to comply with lawful investigative demands constituted conduct immediately threatening the public interest. The court held that merely responding to the motion with an explanation was insufficient to rebut the allegations of noncompliance.
- Matter of Parkinson v Manhattan & Bronx Surface Tr. Operating Auth.2026 NY Slip Op 05246
The appeal is dismissed as moot because the Workers’ Compensation Board issued a new decision that amended and superseded the decision on appeal. The merits of the new decision are not reviewable in this appeal because it is not substantially similar to the one appealed.
- People v Stanley2026 NY Slip Op 05244
The court affirmed the conviction, finding that the People exercised due diligence in their discovery obligations despite the late disclosure of body-worn camera footage. The court also held that probable cause existed for the warrantless search of the defendant incident to her lawful arrest.
- Matter of Attorneys in Violation of Judiciary Law § 468-a2026 NY Slip Op 05248
The court granted the Attorney Grievance Committee’s motion to suspend the listed attorneys for failing to fulfill their biennial registration obligations under Judiciary Law § 468-a. The court held that such failure constitutes conduct prejudicial to the administration of justice and warrants immediate suspension until further order.
Appellate Term, First Department
- 361 East 50th Street LLC v Maureen Lupo2026 NY Slip Op 51411[U]
The court affirmed the denial of the tenant’s motion to vacate a stipulation of settlement, finding no abuse of discretion as the tenant failed to show fraud, unconscionability, or inequity. The tenant’s claim that the apartment was rent-stabilized was insufficient to warrant vacatur because she did not challenge the landlord’s evidence of a high-rent vacancy exemption.
Supreme Court, New York County
- ET JV Holdings, LLC v TBH-ASL BSA Member LLC2026 NY Slip Op 51558[U]
The court held that a premature buy-back notice is defective under New York law’s strict construction of option contracts, requiring notice to be served within the specified period. Additionally, the court determined that the proposed sale violated the operating agreement because it was not for the ‘entire Company’ and included prohibited additional consideration in the form of management fees.
Also decided
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Waters) 2026 NY Slip Op 05253 September 10, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Shencopp) 2026 NY Slip Op 05252 September 10, 2026
- Matter of Ameenah H. (Zenobia H.) 2026 NY Slip Op 05245 September 10, 2026
- People v Jones 2026 NY Slip Op 05243 September 10, 2026
- Matter of Gershowitz 2026 NY Slip Op 05240 September 10, 2026
- Arch Insurance Company, etc., Plaintiff-Respondent, v Selective Insurance Company of America, et al., Defendants-Appellants. 2026 NY Slip Op 05236 September 10, 2026
Published September 12, 2026. Updated November 14, 2026.