ESQ HQNEW YORK LAW WATCH

New York Law Watch

Week ending September 19, 2026

126 decision records: 118 meet the substance floor; 8 records are held from search listings.

Decision dates in this week run from September 14, 2026 to September 18, 2026, from 6 courts.

Selected decisions

Penal Law § 450.10 does not let a criminal court try title to Nazi-looted art

Matter of Application for a Search Warrant to Search the Premises Located at the Art Inst. of Chicago

Holding The Appellate Division granted the CPLR article 78 petition and vacated the lower court’s turnover orders, holding that Penal Law § 450.10 does not authorize a criminal court to adjudicate disputed property rights in the absence of a pending criminal prosecution. The court determined that because the issue of title was sharply contested, the dispute required resolution in a civil forum with full procedural protections, including the right to a jury trial if demanded.

Penal Law § 450.10 does not provide for adjudication of disputed property rights.

2026 NY Slip Op 05363, at the official text

A preconception agreement found for the second child; standing under Brooke S.B. reversed

Matter of Kelly C. v Chaya E.

Holding The Appellate Division reversed the Family Court’s determination that a preconception agreement did not exist for the second child, finding that the record supported the existence of such an agreement at the time of conception. Consequently, the non-biological partner established standing to seek parental access, and the matter was remitted for a best interests hearing.

the evidence did not support a determination that the parties' preconception agreement terminated prior to N. E.'s conception

2026 NY Slip Op 05306, at the official text

By court

Appellate Division, First Department

Appellate Division, Second Department

Appellate Division, Third Department

Appellate Term, Second Department

Trial courts

Also decided

Published September 19, 2026. Updated November 14, 2026.