New York Law Watch
Week ending October 3, 2026
254 decision records: 150 meet the substance floor; 104 records are held from search listings.
Decision dates in this week run from September 28, 2026 to October 2, 2026, from 7 courts.
Selected decisions
NFL football is not a “product” for the products-completed operations aggregate, First Department holds in concussion coverage fight
Discover Property & Casualty Company v National Football League
Holding The court held that NFL football does not constitute a ‘product’ under the Products Completed Operations Hazard (PCOH) definition, thereby excluding the claims from the PCOH aggregate limit. Additionally, the court determined that each player’s injury constitutes a separate occurrence, meaning the AGLIC excess policy was not triggered, and found the NFL’s settlement reasonable while rejecting the ‘no loss’ defense based on club indemnification.
the underlying concussion injury claims do not fall within the PCOH coverage, and the PCOH aggregate limit does not apply
2026 NY Slip Op 05595, at the official text
Outgoing county committee members could not amend the rules after the primary; prior case law overruled
Holding The court held that outgoing members of the Kings County Democratic County Committee Executive Committee were not authorized to vote on rule amendments after the primary election, rendering the amendments invalid. However, the court modified the lower court’s judgment by removing the injunction against outgoing members exercising functions on substantial matters, as the 2019 amendment to Election Law § 2-112(1)(b) supersedes prior functus officio case law.
the pre-2019 case law that held that outgoing members were functus officio and, therefore, unable to act on "substantial matters" between the primary and the committee's organization meeting should no longer be followed
2026 NY Slip Op 05507, at the official text
Monroe County Supreme Court enjoins the NCAA’s eligibility rule for a student-athlete as a third-party beneficiary
Council v National Coll. Athletic Assn.
Holding The Court granted a preliminary injunction enjoining the NCAA from enforcing eligibility rules against the plaintiff, finding a likelihood of success on claims for breach of the implied covenant of good faith and fair dealing and tortious interference. The Court determined that the NCAA’s cancellation of the waiver request without merit-based review constituted an arbitrary action that infringed upon the plaintiff’s property rights and prospective business relationships.
The application for a preliminary injunction is GRANTED.
2026 NY Slip Op 26167, at the official text
An in-house lawyer who is also compliance officer may sue under Labor Law § 740
Holding The court denied the motion to dismiss, holding that an in-house lawyer serving as a compliance officer is not categorically barred from asserting a statutory whistleblower retaliation claim under New York Labor Law § 740 due to attorney ethics rules. The court distinguished prior common law precedents by emphasizing the legislature’s clear policy favoring robust whistleblower protections and the plaintiff’s role in compliance rather than purely legal advice.
an outright ban on whistleblower claims by such employees would — in this Court's view — unduly undermine the legislative purpose behind the whistleblower statute
2026 NY Slip Op 26184, at the official text
By court
Appellate Division, First Department
- Matter of Z. J.W. (Toria W.)2026 NY Slip Op 05616
The Appellate Division affirmed the termination of the mother’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence. The court determined that the agency made diligent efforts to strengthen the parental relationship, but the mother failed to plan for the child’s future and did not gain insight into the problems leading to removal.
- Matter of J.M.W. (Kassandra F.W.)2026 NY Slip Op 05615
The Appellate Division affirmed the termination of the mother’s parental rights based on a finding of permanent neglect, supported by clear and convincing evidence that she failed to plan for the child’s future despite the agency’s diligent efforts. The court found that the mother’s failure to attend the majority of scheduled visits and therapy sessions, combined with her lack of credible testimony, justified the Family Court’s decision.
- Sutton v 76 St. Nicholas Place, LLC2026 NY Slip Op 05614
The court modified the lower court’s order to substitute the purchaser as the defendant, instead ordering that the purchaser be joined as an additional defendant. This modification was necessary because full substitution would prejudice plaintiffs by introducing a knowledge defense that could diminish their potential damages.
- Matter of ReductoNox Corp. (Siemens Energy, Inc.)2026 NY Slip Op 05613
The Appellate Division affirmed the confirmation of an arbitration award, finding that the petitioner failed to demonstrate that the arbitral panel manifestly disregarded the law in its interpretation of contract terms and assessment of damages. The court held that the panel’s factual findings regarding the nature of the technology and the lack of proof for fraudulent inducement were binding.
- Picard v Cosby2026 NY Slip Op 05612
The court reversed the lower court’s denial of the motion to dismiss, holding that the plaintiff failed to allege a sufficient nexus between the defendant company’s resources and the alleged assaults. The majority determined that merely using the studio to impress the plaintiff did not constitute using employer resources to commit independently tortious conduct.
- Petrolawicz v Ando Realty LLC2026 NY Slip Op 05611
A tenant may challenge the deregulated status of their apartment at any time during their tenancy, and the rent history may be examined beyond four years. The defendant’s cross-motion for summary judgment was denied because the submitted affidavit failed to authenticate the documents as admissible business records.
- People v Schiff2026 NY Slip Op 05610
The court affirmed the conviction and sentence, finding that the defendant’s waiver of the right to appeal was invalid because the court failed to adequately explain the nature of the waiver and confirm the defendant’s understanding. However, the court declined to reach the defendant’s other claims regarding sentencing and plea conditions because they were not preserved for appellate review.
- People v Keyshawn F.2026 NY Slip Op 05608
The court affirmed the conviction for criminal possession of a weapon in the fourth degree, rejecting the defendant’s facial Second Amendment challenge to New York’s gun licensing regime. The court held that the defendant’s as-applied challenge based on age was unpreserved and alternatively failed on the merits.
- People v Luke2026 NY Slip Op 05604
The appellate court affirmed the conviction for burglary in the third degree, finding that the trial court properly denied the Batson challenge and that the evidence supported the jury’s verdict. The court also determined that the trial court did not err in denying the motion to compel production of defense counsel’s handwritten notes, which were protected by work-product privilege.
- Osman v Pelofi2026 NY Slip Op 05602
The Appellate Division affirmed the denial of the husband’s motion for discovery and forensic examination, finding that he failed to establish a triable issue of fact regarding the wife’s access to his emails. The court also rejected his due process and spoliation claims, noting that he was afforded a full opportunity to litigate and that the wife voluntarily produced her device for examination.
- Matter of Smerling2026 NY Slip Op 05601
The court granted the Attorney Grievance Committee’s motion for reciprocal discipline, disbaring the respondent immediately based on his felony convictions and resignation from the Massachusetts Bar. The court found that the respondent could not raise any valid defenses under 22 NYCRR 1240.13(b) and that disbarment was the appropriate sanction commensurate with the foreign jurisdiction’s discipline.
- M.J., etc., et al., Plaintiffs-Respondents, v City of New York, et al., Defendants-Appellants.2026 NY Slip Op 05600
The Appellate Division affirmed the denial of the defendants’ motion for summary judgment as untimely because they failed to demonstrate good cause for a 62-day delay in filing the renewed motion after the court-ordered electronic conversion. The court held that the initial timely motion did not excuse the subsequent delay, as it had been denied without prejudice, leaving no pending motion.
- Matter of Knights v City Univ. of N.Y.2026 NY Slip Op 05599
The court affirmed the dismissal of the petition because it was time-barred under the four-month statute of limitations. Additionally, the termination claims were barred by res judicata, and the decision not to interview the petitioner was not arbitrary or capricious.
- Hakim v Hakim2026 NY Slip Op 05598
The court affirmed the dismissal of a counterclaim on a promissory note because it was based on past consideration without an explicit written recitation or valid antecedent obligation. Additionally, the court upheld the grant of an accounting for a partnership dissolution, noting that a fiduciary relationship exists between partners and an accounting is the proper method for winding up a partnership.
- Garcia v Baco Enters., Inc.2026 NY Slip Op 05597
The Appellate Division affirmed the denial of summary judgment for the out-of-possession landlord because the lease language raised a question of fact regarding assumed repair obligations. The court also barred consideration of a proximate cause argument raised for the first time in reply papers.
- Ellis v State of New York2026 NY Slip Op 05596
The court affirmed the dismissal of the wrongful death claim because the plaintiffs failed to demonstrate that the State owed a special duty to the infant. The State’s inaction or omissions in its government oversight functions, rather than affirmative actions placing the child in harm’s way, were insufficient to establish liability.
- Discover Property & Casualty Company v National Football League2026 NY Slip Op 05595
The court held that NFL football does not constitute a ‘product’ under the Products Completed Operations Hazard (PCOH) definition, thereby excluding the claims from the PCOH aggregate limit. Additionally, the court determined that each player’s injury constitutes a separate occurrence, meaning the AGLIC excess policy was not triggered, and found the NFL’s settlement reasonable while rejecting the ‘no loss’ defense based on club indemnification.
- Deustche Bank Natl. Trust Co. v White2026 NY Slip Op 05594
A defendant who transferred their interest in the subject property by deed is divested of standing to defend a foreclosure action. Because the defendant was not an obligor on the underlying note and did not assume the debt, the broad reservation of deficiency rights did not create sufficient standing.
- Delgado v 27-51 Jackson Ave LLC2026 NY Slip Op 05593
The Appellate Division affirmed the denial of a motion to amend pleadings to add fraud claims, finding the proposed amendment lacked merit. The court determined that the existence of other unproven fraud lawsuits and shared addresses with other claimants were insufficient to establish a misrepresentation of fact with the required particularity.
- Matter of Aberbach v New York State Dept. of Corr. & Community Supervision2026 NY Slip Op 05592
The court affirmed the denial of the petitioner’s motion to vacate a DOCCS determination, holding that judicial review of agency action following remittal is available only through a new Article 78 proceeding. The court rejected the argument that the original proceeding could be used to review new agency action taken after remittal.
- 62 Wooster, LLC v TML N.Y. Inc.2026 NY Slip Op 05591
The court affirmed the dismissal of claims against guarantors, holding that the guaranties were ambiguous due to conflicting surrender and good guy clauses. Applying the contra proferentem rule against the landlord who drafted the documents, the court determined the guarantors’ liability terminated upon the tenant’s physical surrender of the premises.
- Thomas v City of New York2026 NY Slip Op 05506
The court affirmed the dismissal of the plaintiff’s claims, finding that the defendants established probable cause for the arrest and prosecution based on witness identification and the grand jury indictment. The court held that the existence of other potential avenues of police investigation does not vitiate probable cause.
- Tahari v Narkis2026 NY Slip Op 05505
The Appellate Division reversed the lower court’s grant of summary judgment on a breach of contract claim because the defendant’s affidavit and other evidence created a material issue of fact regarding whether a $9 million transfer was a new loan or the repayment of an old debt. The court held that the defendant’s affidavit was competent evidence sufficient to preclude summary judgment despite being submitted by an interested party.
- Matter of L.S. (D.S.)2026 NY Slip Op 05503
The appellate court affirmed the Family Court’s determination that the appellant lacked standing to challenge her exclusion from the apartment because she failed to prove it was her primary residence. Additionally, the court affirmed the denial of the appellant’s request for an adjournment due to the absence of a legal excuse for her failure to appear.
- Rivera v City of New York2026 NY Slip Op 05502
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to strike the defendant’s answer, finding no abuse of discretion. The court determined that the defendant’s late opposition was properly accepted and that the plaintiff failed to demonstrate any resulting prejudice.
- People v Murdaugh2026 NY Slip Op 05501
The court affirmed the conviction and sentence but struck probation conditions requiring the payment of surcharges and support of dependents, finding them unrelated to rehabilitation. It rejected the defendant’s Second Amendment challenge to the good moral character provision and upheld other probation conditions as reasonably necessary.
- People v Lebron2026 NY Slip Op 05499
The Appellate Division affirmed the lower court’s decision to adjudicate the defendant a level two sexually violent offender, rejecting the argument for a downward departure to level one. The court determined that the mitigating factors presented were either already accounted for by the risk assessment instrument or were outweighed by the heinous nature of the crime against a child.
- People v Dulce2026 NY Slip Op 05498
The court affirmed the conviction and sentence, declining to review unpreserved challenges to the plea’s validity in the interest of justice. As an alternative holding, the court determined that the plea was entered knowingly, intelligently, and voluntarily based on the totality of the circumstances.
- People v Farfan2026 NY Slip Op 05497
The court affirmed the conviction and sentence, holding that while the waiver of the right to appeal was invalid, there was no basis to reduce the sentence based on a mistaken impression regarding the minimum term. The defendant failed to demonstrate that he would have been permitted to plead guilty for a lower term or that his plea was involuntary.
- People v Dilione2026 NY Slip Op 05496
The court affirmed the denial of the defendant’s CPL 440.10 motion, finding the claim of grand jury misconduct procedurally barred and alternatively lacking merit. The court also upheld the denial of the motion to withdraw the guilty plea, determining the plea was entered knowingly, intelligently, and voluntarily.
- People v Sanchez2026 NY Slip Op 05493
The conviction was affirmed because the trial court correctly found no inconsistency in the child-victim’s testimony and any errors regarding improper opinion testimony or untimely disclosure were harmless. The court determined that the doctor’s testimony was admissible and that the omitted disclosure did not constitute a material Brady violation.
- People v Turner2026 NY Slip Op 05492
The court affirmed the conviction and sentence, finding that the defendant failed to preserve his claim regarding an illegal discovery waiver during the plea colloquy. The court declined to reach the issue in the interest of justice, determining it did not constitute a mode of proceedings error.
- People v Miranda2026 NY Slip Op 05491
The court affirmed the adjudication of the defendant as a level two sexually violent offender, finding that the trial court properly declined a downward departure. The appellate court determined that the defendant’s mitigating factors, including treatment completion and health issues, were adequately accounted for by the risk assessment and outweighed by the seriousness of his conduct.
- People v Hernandez2026 NY Slip Op 05490
The court affirmed the conviction for criminal possession of a weapon in the fourth degree but modified the probation conditions by striking those requiring payment of surcharges, medical treatment, and gang-related restrictions. The court found these specific conditions were not reasonably related to the defendant’s rehabilitation or necessary to ensure he would lead a law-abiding life.
- People v Santos2026 NY Slip Op 05487
The court affirmed the conviction and sentence, finding that the suppression court properly denied the motion to suppress the firearm because probable cause existed for the arrest and search. Additionally, the court declined to review the defendant’s facial constitutional challenge to the good moral character provision due to a failure to preserve the claim.
- Our Children’s Found., Inc. v OvaLab, LLC2026 NY Slip Op 05485
The Appellate Division affirmed the denial of the defendant’s motion to vacate a default judgment, finding that the defendant failed to establish a reasonable excuse for its default. The court determined that the defendant’s participation in settlement discussions provided actual notice of the action in time to defend.
- Nationstar Mtge. LLC v Gomez2026 NY Slip Op 05484
The court affirmed the denial of the defendant’s motion to vacate a summary judgment order, finding that the trial court properly exercised its inherent powers to correct an administrative error. The defendant failed to demonstrate a reasonable excuse for not opposing the summary judgment motion after the administrative dismissal was vacated.
- Matter of D.N. (N.N.)2026 NY Slip Op 05483
The Appellate Division affirmed the Family Court’s finding that the father neglected three children by committing domestic violence in their presence and derivatively neglected a fourth child in close proximity. The court held that a single incident of domestic violence can support a neglect finding and that the evidence, including child testimony and caseworker observations, established the father’s impaired parental judgment.
- Murphy v PHG Funding LLC2026 NY Slip Op 05482
The Appellate Division affirmed the denial of leave to file amended pleadings because the proposed counterclaims and third-party complaints were palpably insufficient to state claims for affirmative relief. The court found that the defendants failed to adequately allege breaches of the settlement documents or specific misrepresentations necessary to support fraud claims.
- Matter of Lorica Asset Mgt. LLC v Steele2026 NY Slip Op 05481
The court affirmed the denial of the petition to compel arbitration before a specific AAA commercial panel arbitrator because the agreement did not specify that requirement. The court held that interpreting AAA rules and amendments is committed to the arbitrator, and the challenge was not ripe because AAA had not issued a final determination.
- Matter of Alessandra L. v Robert H.2026 NY Slip Op 05480
The appeal was dismissed as taken from a nonappealable order because the petitioner failed to file objections to the Support Magistrate’s order. Under Family Court Act § 439(e), an appeal must be taken from the resulting Family Court order after objections are reviewed, not directly from the Support Magistrate’s decision.
- KB Green Valley North, DST v KeyBank National Association2026 NY Slip Op 05479
The court affirmed the dismissal of the complaint, finding that the loan agreement’s requirement for a five-year lease term was unambiguous. Because the tenant’s lease included an option to terminate after 13 months, it did not constitute a valid five-year term to cure the cash sweep event.
- Interasian Digital Technology Holdings Ltd. v In Jin Moon Park2026 NY Slip Op 05478
The judgment was reversed because the plaintiff’s evidence was submitted via a defective attorney affirmation that failed to comply with CPLR 2106. Additionally, the defendant was not liable for her ex-husband’s fraudulent conveyances because she did not participate in the transfer of assets or benefit from the scheme.
- Holness v Gold Crest Care Ctr. Inc.2026 NY Slip Op 05477
The Appellate Division lacked subject matter jurisdiction to hear the appeal because the plaintiff failed to notice an appeal from the final judgment, and the right to appeal the intermediate order terminated upon the entry of that judgment. Consequently, the appeal was dismissed as taken from a non-appealable paper.
- Gersic v Kuehner2026 NY Slip Op 05474
The court reversed the lower court’s denial of summary judgment, finding that the plaintiff failed to raise an issue of fact regarding causation because his experts offered only conclusory opinions that his herniations were traumatic rather than degenerative. The court also granted summary judgment against the individual defendant based on the plaintiff’s failure to meet the serious injury threshold against the other defendant.
- Matter of S.G. v C.M.2026 NY Slip Op 05473
The Appellate Division affirmed the Family Court’s determination that the respondent father committed two counts of menacing in the third degree and granted a two-year order of protection. The court found that the petitioner established the offense by a preponderance of the evidence and that the respondent’s procedural arguments regarding preclusion and the lack of a separate dispositional hearing were unpreserved or unavailing.
- Franco v Berger2026 NY Slip Op 05472
The court affirmed the dismissal of the plaintiff’s fraud claim as duplicative of the professional negligence claim and dismissed the negligent infliction of emotional distress claim because pets are currently considered personal property. The court noted that while pets are legally property, the evolving societal view of animals as sentient beings makes this a developing area of law.
- Foster v City of New York2026 NY Slip Op 05471
The Appellate Division affirmed the dismissal of the plaintiff’s assault and defamation claims, finding the assault claim time-barred and the defamation statements not cognizable. The court also affirmed the denial of the plaintiff’s motion for reargument and the refusal to vacate the money judgment for costs.
- Estevez v New York City Health & Hosps. Corp.2026 NY Slip Op 05470
The court affirmed the denial of summary judgment because the plaintiff’s expert testimony created triable issues of fact regarding whether timely therapeutic Heparin administration would have altered the decedent’s clinical course. The expert successfully rebutted the defendant’s arguments by explaining the immediate physiological effects of Heparin and ruling out alternative causes of death.
- Diaz v DeJesus2026 NY Slip Op 05469
Summary judgment was properly granted to the defendant because he demonstrated the absence of a triable issue of fact regarding his negligence by testifying that his car was stopped at an intersection when sideswiped. The defendants’ failure to raise a material issue of fact, despite conflicting accounts of the accident’s location, did not preclude judgment.
- Matter of New York Civ. Liberties Union v New York State Off. of Ct. Admin.2026 NY Slip Op 05467
The Office of Court Administration failed to demonstrate the existence of an attorney-client relationship between its Counsel’s Office and all Unified Court System judges to justify withholding documents under FOIL. The court affirmed the lower court’s order compelling the disclosure of the 22 records submitted for in camera review.
- Bruno v Lafaro2026 NY Slip Op 05465
The Appellate Division affirmed the denial of a motion to change venue because the defendants failed to meet their prima facie burden of establishing that the defendant did not reside in Bronx County at the time the action was commenced. The court found that the defendants’ submission of an unsupported affirmation regarding residency was insufficient to shift the burden to the plaintiff.
- Biz Capital, LLC v BBG, Inc.2026 NY Slip Op 05464
The appellate court affirmed the dismissal of the professional malpractice complaint as time-barred. The court determined that the statute of limitations began to run when the final appraisal was delivered to the plaintiff’s predecessor, which occurred more than three years before the action was commenced.
- US Bank Trust National Association v Patricia Smith2026 NY Slip Op 05463
The Appellate Division reversed the lower court’s denial of a default judgment motion and grant of a dismissal cross-motion, finding that a traverse hearing was necessary to determine if service was properly effectuated. The court held that the defendant’s affidavit sufficiently rebutted the plaintiff’s prima facie evidence of service due to significant discrepancies in the description of the person served.
Appellate Division, Second Department
- Matter of Vitucci v Ford2026 NY Slip Op 05682
The court held that the proceeding to validate the certificate of nomination was timely because it was commenced within three business days of the Board’s determination. Additionally, the court determined that Election Law § 6-148(4) is inapplicable to the certificate of nomination because the vacancy was created by a legislative act rather than a vacancy in a preexisting nomination or designation.
- Wilmington Savings Fund Society, FSB v Bryant2026 NY Slip Op 05570
The Appellate Division reversed the lower court’s determination that the defendant rebutted the presumption of proper service, finding her affidavit insufficient to contradict the process server’s specific allegations. Consequently, the court denied the defendant’s motion to vacate the default judgment and foreclosure order, and denied the plaintiff’s cross-motion to extend service as academic.
- U.S. Bank Trust, N.A. v Aprile2026 NY Slip Op 05569
The court affirmed the denial of the defendant’s motion to vacate the order granting service by publication because he failed to demonstrate a reasonable excuse for his default or evidence of fraud, mistake, or excusable neglect. Additionally, the court held that the defendant was precluded from asserting a statute of limitations defense because he had not successfully vacated his default in the action.
- U.S. Bank Trust N.A. v Mosseri2026 NY Slip Op 05568
The court reversed the judgment of foreclosure and sale because the plaintiff failed to establish that it obtained physical possession of the original note and allonge. The submitted records were insufficient to prove that the plaintiff was the real party in interest or that the transaction involved the transfer of the original documents.
- Town of Greenburgh v State of New York2026 NY Slip Op 05567
The court held that Laws of 2024, chapter 7 is a general law rather than a special law, despite containing a specific exemption for Edgemont, and therefore did not require a home rule message. Additionally, the individual plaintiffs lacked standing to maintain the third and fifth causes of action because their asserted injuries were speculative and not distinct from the general public.
- Siepel v Krywak2026 NY Slip Op 05566
The Appellate Division affirmed the lower court’s denial of the defendant’s motion to compel an additional independent medical examination. The court found that the defendant failed to establish the necessity for a second examination, as the initial examiner had already reviewed the plaintiff’s medical records and did not indicate that further examination was required.
- Scamardella v A. Duie Pyle, Inc.2026 NY Slip Op 05565
The Appellate Division reversed the lower court’s denial of summary judgment, holding that the City was not a proper party and that the school defendants owed no duty to warn against the open and obvious condition of the wooden pallet. The court found that the defendants established the condition was readily observable and not inherently dangerous, thereby defeating the plaintiff’s claim.
- Sagala v Zirs Servs., Inc.2026 NY Slip Op 05564
The Appellate Division reversed the lower court’s grant of summary judgment because the defendants failed to meet their prima facie burden of showing the plaintiff did not sustain a serious injury. Specifically, the defendants failed to submit competent medical evidence establishing that the plaintiff’s head and brain injuries were not serious or not caused by the accident.
- Rojas v 1388 Bushwick Ave, LLC2026 NY Slip Op 05563
The court reversed the summary judgment dismissal against the property owner because the owner failed to establish a lack of constructive notice of the sidewalk defect. Conversely, the court affirmed the dismissal against the construction management company because the plaintiff failed to raise a triable issue of fact regarding the applicability of the Espinal exceptions.
- Real Estate Mortgage Network, Inc. v Perez2026 NY Slip Op 05562
The death of a defendant in a foreclosure action automatically stays proceedings pending the substitution of a personal representative, rendering any subsequent court determinations a nullity. Consequently, the amended order and judgment of foreclosure and sale entered after the decedent’s death were invalid.
- Pligavko v Chimples2026 NY Slip Op 05561
The defendants waived the affirmative defense of lack of personal jurisdiction by stipulating to it and answering the original complaint without raising the defense. The Supreme Court erred in sua sponte denying the summary judgment motion based on jurisdiction and should have dispensed with the requirement to answer the amended complaint, which only corrected paragraph numbering.
- Persaud v Muoio2026 NY Slip Op 05560
The court affirmed the lower court’s order enforcing an oral fee-sharing agreement between two attorneys, holding that the agreement was valid and enforceable based on the objective manifestations of the parties’ intent and their subsequent conduct. The court determined that the trial counsel was entitled to 75% of the fees as agreed, rejecting the original counsel’s claim for a larger share.
- People v Rodriguez2026 NY Slip Op 05558
The appellate court affirmed the denial of youthful offender status but modified the sentence to run concurrently with other sentences as a matter of discretion in the interest of justice. The court found the original sentence excessive under the circumstances presented.
- People v Perez2026 NY Slip Op 05557
The appellate court affirmed the defendant’s convictions for assault in the second degree and criminal possession of a weapon in the third degree, finding the evidence legally sufficient and the verdict not against the weight of the evidence. The court also rejected the defendant’s claims of ineffective assistance of counsel and vindictive sentencing.
- People v Morochomorocho2026 NY Slip Op 05556
The court affirmed the sentence because the defendant’s valid waiver of the right to appeal precluded appellate review of the excessive sentence claim. The court determined that an improper purported waiver of rights under Penal Law § 60.12 did not invalidate the separate, valid appeal waiver.
- People v Herrnkind2026 NY Slip Op 05554
The appeal regarding the denial of resentencing under the Domestic Violence Survivors Justice Act was dismissed as academic because the defendant had already served her sentence. The court affirmed the denial of the motion to seal records and proceed anonymously, finding the defendant failed to demonstrate compelling circumstances or establish she was a victim of a sex offense.
- People v Farquharson2026 NY Slip Op 05553
The court affirmed the conviction, finding that the admission of Molineux evidence, Sandoval ruling, and expert testimony on domestic violence were proper exercises of discretion. The court determined that the admission of the complainant’s delayed disclosure was harmless error given the overwhelming evidence of guilt.
- Park National Capital Funding, LLC v 670 Park Place, LLC, et al.2026 NY Slip Op 05548
The Appellate Division affirmed the lower court’s denial of a motion to dismiss the foreclosure action under CPLR 3211(a)(4) because the defendant failed to demonstrate a substantial identity of parties or substantially the same relief sought in the related action. Additionally, the court upheld the condition requiring the defendant to post a $100,000 bond as a prerequisite for the stay of proceedings.
- Newgarden v Havemeyer Estates, LLC2026 NY Slip Op 05547
The court granted summary judgment to the plaintiffs on the breach of contract claim for unpaid license fees after the pandemic, as the force majeure defense did not apply post-shutdown. It also granted summary judgment to the LLC member, dismissing the account stated claim against him personally due to the lack of evidence to pierce the corporate veil.
- Matter of Zhang v Feiner2026 NY Slip Op 05546
The Appellate Division reversed the lower court’s order and remitted the matter for a hearing to determine the validity of service of process on the Town Supervisor. The court found that the initial service failed to comply with CPLR 7804(c) and that the subsequent service was sufficiently disputed by specific facts to warrant a hearing.
- Matter of Westchester County Dept. of Social Servs. v Davidson C.L.2026 NY Slip Op 05544
The Appellate Division affirmed the Family Court’s order adjudicating the appellant as the father of the child, finding that he was equitably estopped from obtaining a genetic marker test. The court determined that the best interests of the child supported the application of equitable estoppel and that the lower court properly resolved credibility issues in favor of the mother’s testimony.
- Matter of Tkebuchava v New York City Tr. Auth.2026 NY Slip Op 05543
The court reversed the lower court’s denial of leave to serve a late notice of claim, finding that the public corporation had actual knowledge of the essential facts of the accident and that no substantial prejudice was demonstrated. Consequently, the petitioner’s failure to provide a reasonable excuse for the delay did not bar the granting of the petition.
- Matter of Gil R. (Dan R.)2026 NY Slip Op 05541
The Supreme Court properly exercised its discretion in awarding attorney’s fees and evaluator costs to the petitioner’s counsel and the court-appointed evaluator, as it provided an adequate explanation referencing the required factors. The appellate court affirmed the order denying the decedent’s motion to vacate the fee award.
- Matter of Naila P. (Althea P.)2026 NY Slip Op 05540
The Appellate Division reversed the Family Court’s denial of the mother’s motion to modify the order of fact-finding and disposition. The court held that the mother was entitled to a suspended judgment and vacatur of the neglect finding based on her lack of prior history, compliance with services, and the child’s best interests.
- Matter of Nucci v Jonckers2026 NY Slip Op 05539
The appellate court affirmed the lower court’s denial of the father’s objections to an award of attorneys’ fees and a corresponding money judgment. The court found that the Support Magistrate providently exercised discretion in granting the fees under the totality of the circumstances, including the meritorious nature of the petition and the parties’ financial situations.
- Matter of Monahan v Zindman2026 NY Slip Op 05538
The Family Court lacked subject matter jurisdiction to entertain the family offense petition because the parties did not share an intimate relationship as defined by statute. The court reversed the lower court’s order of fact-finding and disposition, dismissing the proceeding.
- Matter of Meyer v Nassau County Police Dept.2026 NY Slip Op 05537
The Appellate Division modified the lower court’s award of attorneys’ fees, finding that the reduction to $12,000 was an improvident exercise of discretion. The court awarded $34,690.50, excluding fees for time spent on fee collection, based on the reasonable value of services rendered in the FOIL proceeding.
- Marcano v Suazo2026 NY Slip Op 05536
The Family Court properly registered and enforced an out-of-state custody decree because the mother failed to demonstrate that the issuing court lacked jurisdiction or that she lacked proper notice. The court also correctly declined to exercise temporary emergency jurisdiction as the mother did not establish an immediate emergency requiring state intervention.
- Matter of David J.M. (Linda V.)2026 NY Slip Op 05535
The Appellate Division affirmed the Family Court’s finding of neglect because the mother’s untreated mental illness placed the child at imminent risk of harm. The court determined that the evidence established neglect by a preponderance of the evidence, despite the mother’s failure to appear at the dispositional hearing.
- Matter of Maria M. v William S.2026 NY Slip Op 05534
The Appellate Division affirmed the Family Court’s findings that the father committed multiple family offenses, including stalking and assault, based on a fair preponderance of the evidence. The court also upheld the issuance of a five-year order of protection and the denial of the father’s request for substitution of counsel.
- Matter of Leviene v Horrell2026 NY Slip Op 05533
The Appellate Division reversed the Family Court’s finding of disorderly conduct because the evidence failed to establish that the appellant’s conduct was committed with the intent to cause, or recklessly posed a risk of causing, public inconvenience, annoyance, or alarm. Consequently, the order of protection issued pursuant to that finding was vacated.
- Matter of Holden2026 NY Slip Op 05532
The court sustained charges of misappropriation of client funds and failure to exercise reasonable supervisory authority over the firm’s escrow accounts, finding that the respondent abdicated his fiduciary duties. Consequently, the respondent was suspended from the practice of law for a period of three years.
- Matter of Gathers v Gathers2026 NY Slip Op 05531
The Appellate Division reversed the Family Court’s denial of the father’s objections, holding that the Support Magistrate erred by including a one-time holiday payment in the calculation of the father’s gross income. The court remitted the matter for a recalculation of the basic child support obligation after excluding that nonrecurring payment.
- Matter of Garnet Health Med. Ctr. v People2026 NY Slip Op 05530
The Appellate Division affirmed the findings of civil contempt against the petitioner for violating court orders but modified the sanctions. The court held that because actual damages were not established, the daily fines imposed by the lower court were improper and must be replaced with a statutory fine of $250 plus reasonable costs and expenses.
- Matter of Garnet Health Med. Ctr. v People2026 NY Slip Op 05529
The court affirmed the denial of the petition to quash the Attorney General’s subpoena, finding that the requested documents were reasonably related to the investigation into the hospital’s toxicology testing policies. The court further held that the Office of the Attorney General qualified as a health oversight agency under HIPAA, thereby permitting the disclosure of patient records.
- Matter of Campbell2026 NY Slip Op 05527
The court affirmed the Special Referee’s report sustaining charges of professional misconduct against the respondent for failing to cooperate with a disciplinary investigation. The court imposed a six-month suspension from the practice of law, weighing the respondent’s mental health issues and remorse against her prior disciplinary history and the severity of her non-cooperation.
- Matter of Kaidyn C. (Kalleh F.)2026 NY Slip Op 05526
The Appellate Division modified the lower court’s order by deleting the finding that the mother medically neglected the child, as ACS failed to prove the mother did not seek or accept medical care. The court affirmed the findings of neglect based on the child’s sleeping environment and derivative neglect of the sibling.
- MTGLQ Investors, L.P. v Rivera2026 NY Slip Op 05525
The court held that the original foreclosure action was effectively discontinued as a matter of law when the plaintiff’s predecessor commenced a second foreclosure action without leave of court. Consequently, the court lacked jurisdiction to restore the original action to the active calendar, requiring the dismissal of the complaint against the defendant.
- Kopitova v New York City Tr. Auth.2026 NY Slip Op 05524
The court affirmed the dismissal of the complaint because the plaintiff failed to validly serve a notice of claim by e-mail, which was not a prescribed method of service. The defendant did not waive the objection to the defective service because it promptly notified the plaintiff that it did not accept service via e-mail.
- Johnson v Brentwood Teachers Assn.2026 NY Slip Op 05523
The court affirmed the dismissal of the complaint against the union defendants for failure to state a cause of action and granted their motion for costs and attorneys’ fees under the Anti-SLAPP statute. However, the court reversed the lower court’s sua sponte dismissal of the claims against the candidate defendants, finding no extraordinary circumstances to warrant such relief.
- Harrison v Gabbaizadeh2026 NY Slip Op 05520
The court affirmed the summary judgment dismissing the medical malpractice claims because the defendants established they did not depart from the accepted standard of care. The plaintiffs’ expert affirmation was deemed conclusory and speculative, failing to raise a triable issue of fact.
- Flagstar Bank, FSB v Roberts2026 NY Slip Op 05519
The court affirmed the order vacating a dismissal for abandonment because the plaintiff’s timely request for a judicial intervention and settlement conference constituted sufficient proceedings to negate intent to abandon the action. Additionally, the court held that the motion to vacate the dismissal order was not subject to a specific time limitation.
- Fernandez v Port Auth. of N.Y. & N.J.2026 NY Slip Op 05518
The court reversed the lower court’s denial of the plaintiff’s motion for sanctions, finding that a triable issue of fact existed regarding whether the defendant Jet Blue spoliated video evidence after receiving a preservation demand. The court directed that an adverse inference charge be given at trial if the trier of fact determines that spoliation occurred.
- Estate of Gustavo Marcel Coba v Humberto Hernandez2026 NY Slip Op 05517
The Supreme Court properly denied the plaintiff’s motion to enforce a stipulation of settlement because the plaintiff’s own submissions raised issues of fact regarding the legal capacity of the plaintiff’s attorney to enter into the agreement on behalf of the estate. Consequently, the court affirmed the order denying the appointment of a referee to sell the property.
- Deutsche Bank National Trust Company, etc., appellant, v Salah Mohamed, respondent, et al., defendants.2026 NY Slip Op 05516
The court held that a sua sponte dismissal of a foreclosure complaint was improper because the plaintiff’s failure to comply with a status conference order did not constitute the extraordinary circumstances required for such an action. Consequently, the dismissal order was vacated, the action was restored to the active calendar, and the matter was remitted for a determination on the merits of the motion to confirm the referee’s report.
- Deutsche Bank Natl. Trust Co. v Hira2026 NY Slip Op 05515
The foreclosure action was time-barred because the Foreclosure Abuse Prevention Act (FAPA) prevents a voluntary discontinuance of a prior action from revoking the acceleration of the mortgage debt. Consequently, the six-year statute of limitations began running when the initial action was commenced, rendering the subsequent action filed more than six years later invalid.
- Data Mtge., Inc. v Money Source, Inc.2026 NY Slip Op 05514
The court affirmed summary judgment on the first cause of action regarding transfer fees but denied summary judgment on the second, third, and fourth causes of action due to contractual ambiguity and insufficient evidence. The court modified the order to grant summary judgment dismissing the counterclaim for breach of the confidentiality provision.
- Bourke v City of New York2026 NY Slip Op 05513
The court affirmed the dismissal of the plaintiff’s employment discrimination claims because the action was commenced almost five years after the adverse employment determination, exceeding the three-year statute of limitations. The plaintiff’s request for reconsideration did not toll the statute of limitations or allow him to circumvent the time bar.
- Board of Educ. of the Blind Brook-Rye Union Free Sch. Dist. v Kliment Halsband Architects2026 NY Slip Op 05512
The court affirmed the dismissal of negligence, fraudulent misrepresentation, and punitive damages claims because they were duplicative of the breach of contract claim. The court found that the plaintiff was seeking the benefit of its bargain and failed to allege an independent tort or duty separate from the contract.
- Bank of New York Mellon, etc., v Alida Izquierdo, et al., defendants, Marlon Izquierdo, appellant2026 NY Slip Op 05511
The appellate court affirmed the denial of the defendant’s motion to vacate the foreclosure judgment and sale, finding that the defendant’s delay in seeking relief under CPLR 5015(a)(3) was unreasonable. The court also determined that the defendant failed to provide any basis for relief pursuant to CPLR 5015(a)(4).
- Banc of California, N.A. v Plumbing Supply Distribution, LLC2026 NY Slip Op 05510
The Appellate Division reversed the order and judgment of foreclosure and sale because the plaintiff failed to establish a prima facie entitlement to judgment. The court found that the plaintiff’s affidavit did not contain personal knowledge of the default and failed to attach the underlying business records, rendering the evidence inadmissible hearsay.
- Abdullah v City of New York2026 NY Slip Op 05508
The Appellate Division reversed the lower court’s order, denying the defendants’ motion for summary judgment on the serious injury threshold because the plaintiff raised a triable issue of fact regarding causation. The court granted the plaintiff’s motion for summary judgment on liability, finding that the rear-end collision established negligence and that the plaintiff was not comparatively at fault.
- Matter of Peña v Hermelyn2026 NY Slip Op 05507
The court held that outgoing members of the Kings County Democratic County Committee Executive Committee were not authorized to vote on rule amendments after the primary election, rendering the amendments invalid. However, the court modified the lower court’s judgment by removing the injunction against outgoing members exercising functions on substantial matters, as the 2019 amendment to Election Law § 2-112(1)(b) supersedes prior functus officio case law.
Appellate Division, Third Department
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Nebashi)2026 NY Slip Op 05589
The court granted the respondent’s motion for reinstatement after determining by clear and convincing evidence that the respondent complied with the suspension order and possesses the requisite character and fitness to practice law. The court further found that reinstatement would be in the public interest, thereby reinstating the respondent as an attorney and counselor-at-law effective immediately.
- Matter of Larson2026 NY Slip Op 05587
The court denied the attorney’s application for nondisciplinary resignation because she was currently suspended for failing to comply with registration obligations. The court held that reinstatement to practice is a necessary prerequisite for any future application for leave to resign for nondisciplinary reasons.
- In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Attorney Grievance Committee for the Third Judicial Department, Petitioner; Joseph Brantley Durrett III, Respondent.2026 NY Slip Op 05585
The court granted the respondent’s motion for reinstatement to the practice of law. The court determined by clear and convincing evidence that the respondent complied with suspension orders, possessed requisite character and fitness, and that reinstatement served the public interest.
- People ex rel. Elmore v McCarthy2026 NY Slip Op 05582
Habeas corpus relief is not an appropriate remedy for asserting claims that were or could have been raised on direct appeal or in a CPL article 440 motion, even if they are jurisdictional in nature. The court affirmed the dismissal of the petition because the petitioner’s jurisdictional challenge could have been raised in prior proceedings.
- Matter of Ashlee NN. v Todd OO.2026 NY Slip Op 05581
The Appellate Division affirmed the dismissal of the family offense petition, finding that the petitioner failed to meet her burden of proving harassment by a fair preponderance of the evidence. The court deferred to the Family Court’s credibility determinations and noted that the respondent’s admitted phone calls lacked sufficient context to establish the requisite offense.
- Matter of Marcello OO. v Jayne PP.2026 NY Slip Op 05580
The Appellate Division affirmed the Family Court’s order suspending the father’s contact with the children and directing him to complete parenting classes and evaluations. The court found that the father’s persistent conduct, including involving the children in litigation and disparaging the mother, demonstrated that continued contact would be detrimental to the children’s welfare.
- Dougal v Kindlon2026 NY Slip Op 05579
The appeal is dismissed because no appealable paper exists, as the City Court’s oral decision was never reduced to a judgment or final order. The subsequent order denying a motion to compel judgment does not constitute a final judgment subject to appeal.
- Matter of Marcello OO. v Jayne PP.2026 NY Slip Op 05578
The Appellate Division affirmed the Family Court’s dismissal of the father’s contempt petitions, finding he failed to prove by clear and convincing evidence that the mother violated the custody and visitation orders. The court determined the father’s testimony lacked specificity regarding missed visits and calls, and he did not demonstrate that the mother’s conduct intentionally impaired his rights.
- Cullinan v Cullinan2026 NY Slip Op 05577
The Appellate Division affirmed the Supreme Court’s unequal equitable distribution award and extended maintenance duration, finding that the husband’s use of marital income to acquire separate property created significant financial inequity. The court determined that the trial court did not abuse its discretion in deviating from standard guidelines to protect the wife’s financial interests given the disparity in resources and the husband’s financial planning.
- People v Maldonado2026 NY Slip Op 05574
The court affirmed the convictions for attempted murder in the second degree and criminal possession of a weapon in the second degree, finding the evidence legally sufficient and supported by the weight of the evidence. Although the admission of Molineux evidence regarding a prior shooting was error, the court deemed it harmless given the overwhelming other evidence of defendant’s identity and intent.
- People v Miller2026 NY Slip Op 05573
The court affirmed the conviction, holding that the People satisfied their disclosure obligations under CPL 245.20 by providing a summary of the detective’s disciplinary history rather than full files, as the omitted details did not tend to impeach credibility. Additionally, the court found that the defendant’s statements were voluntary despite the use of leg restraints, and that the trial court properly determined the defendant was competent to stand trial and correctly denied a missing witness charge.
- People v Whitmore2026 NY Slip Op 05572
The court affirmed the judgment, determining that the defendant’s waiver of the right to appeal was valid because it was knowingly, voluntarily, and intelligently executed through both oral colloquy and written agreement. Consequently, the defendant’s challenge to the harshness of his sentence was precluded by the valid appeal waiver.
- People v Christopher P.2026 NY Slip Op 05571
The court vacated the sentence for criminal possession of a weapon in the second degree because the lower court failed to make an on-the-record determination of the defendant’s eligibility for youthful offender status. The court affirmed the conviction for attempted robbery in the second degree, finding the plea voluntary and the sentence appropriate.
Appellate Division, Fourth Department
- Matter of Madison v Petteway2026 NY Slip Op 05664
The Appellate Division unanimously affirmed the Family Court’s order adjudging the respondent to have sole legal and primary physical custody of the subject child. The decision was issued without costs in a proceeding pursuant to Family Court Act article 6.
- People v Clegg2026 NY Slip Op 05663
The court held that the defendant was in custody during the interview at the parole office because a reasonable person would not have felt free to leave, requiring Miranda warnings that were not given. Consequently, the defendant’s statements and the derived cell phone call log were suppressed, and the guilty plea was vacated.
- People v Rodgers2026 NY Slip Op 05657
The court affirmed the conviction for assault in the first degree, rejecting the defendant’s argument that the verdict was against the weight of the evidence. The appellate court determined that the jury’s credibility determinations regarding the victim’s testimony were entitled to great deference, particularly given the victim’s explanation for prior recantations.
- Smith v State of New York2026 NY Slip Op 05653
The Court of Claims’ judgment was reversed and the claim dismissed because the claimant failed to present expert medical evidence. The court determined that the alleged medical negligence was by definition a medical malpractice claim rather than simple negligence, requiring expert opinion.
- People v Davis2026 NY Slip Op 05650
The conviction for criminal possession of a weapon in the third degree was affirmed because the evidence established the defendant possessed a magazine holding 13 rounds, exceeding the statutory limit. The court held that the People were not required to prove the defendant was aware of the 2022 amendment or that DCJS conducted a sufficient outreach campaign.
- People v Murray2026 NY Slip Op 05642
The court affirmed the convictions for criminal possession of a weapon and controlled substances, but reversed the convictions for criminal possession of a firearm as inclusory concurrent counts. Additionally, the court modified the sentence to reduce the period of postrelease supervision to one year to comply with statutory limits.
- Weiss v D&D Partners Rochester, LLC2026 NY Slip Op 05640
The court affirmed the denial of summary judgment, finding that triable issues of fact existed regarding whether the speed bump constituted a dangerous condition, the cause of the plaintiff’s fall, and whether the hazard was open and obvious. The court also held that the assumption of the risk doctrine was inapplicable to the premises liability claim.
- Khan v Khan2026 NY Slip Op 05639
The Appellate Division affirmed the dismissal of the plaintiff’s complaint because the defendant’s evidence conclusively established that there was no fraudulent misrepresentation or omission regarding the value of the medical practice. Furthermore, the court found that the plaintiff could not have justifiably relied on any alleged fraud because she waived further discovery after being notified of a potential transaction.
- Stang v Shenoy2026 NY Slip Op 05638
The court vacated the lower court’s order prohibiting questions regarding a specific medical report and the defendant’s health condition relative to it, finding that such limitations abused discretion by potentially precluding relevant testimony. The court determined that the report was not protected by statutory privilege because it had been disclosed to the public in a separate action.
- Matter of Niagara Metals, LLC v City of Buffalo Zoning Bd. of Appeals2026 NY Slip Op 05636
The court confirmed the Zoning Board of Appeals’ determination that the nonconforming use of the property as a scrap yard was not abandoned, finding that ongoing remediation constituted a continuation of the use. The court also affirmed that no use variance was required for the new operator to engage in similar operations.
- Matter of Masci v Romero2026 NY Slip Op 05632
The Appellate Division affirmed the Family Court’s order granting the father sole legal and primary physical custody, finding that the mother’s interference with visitation established a sufficient change in circumstances. The court also determined that the lower court appropriately considered postpetition conduct when evaluating the child’s best interests.
- People v Ivery2026 NY Slip Op 05628
The court affirmed the conviction for second-degree murder, finding that the jury could reasonably conclude the defendant did not act in self-defense because the victim was not using deadly physical force and the defendant had the opportunity to retreat. The court also affirmed the denial of challenges for cause to two prospective jurors, noting their statements did not indicate a state of mind likely to preclude an impartial verdict.
- People v Littler2026 NY Slip Op 05627
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 held that the defendant failed to preserve his challenge to the restitution amount by not objecting at sentencing.
- People v Gates2026 NY Slip Op 05625
The court affirmed the judgment, rejecting the defendant’s claims that the trial court failed to conduct a sufficient inquiry into his complaints about defense counsel and that it erred in failing to sua sponte order a competency examination. The appellate court found that the defendant’s objections were vague and generic, and that his history of mental health issues did not, by itself, call into question his competence.
- Matter of Antonetti v City of Rochester2026 NY Slip Op 05624
The court annulled the termination of the petitioner’s employment because the hearing officer lacked jurisdiction due to the absence of a written delegation of authority. Additionally, the final decision-maker was required to recuse herself from the process after initiating charges and testifying at the hearing.
- Agway Energy Servs., LLC v Central Hudson Gas & Elec. Corp.2026 NY Slip Op 05621
The court held that the Public Service Commission has primary jurisdiction over the plaintiff’s claims regarding billing procedures and EDI protocols. However, the lower court abused its discretion by dismissing the complaint without prejudice instead of staying the action, as the plaintiff sought monetary damages subject to the statute of limitations.
- People v Golden2026 NY Slip Op 05620
The court affirmed the conviction, rejecting the defendant’s claim of ineffective assistance of counsel. The court determined that trial counsel’s failure to challenge the constitutionality of the weapon possession statute in light of Bruen was not deficient because such a motion would have had little or no chance of success.
Appellate Term, First Department
- Park-Lex Associates, Petitioner-Landlord-Cross-Appellant, v Fern M. Schad, Respondent-Tenant-Appellant, and Katherine Schad and Mark Mann, Respondents-Undertenants-Appellants.2026 NY Slip Op 51568[U]
Summary judgment of possession was unwarranted because triable issues of fact existed regarding the family member succession defense, specifically concerning the permanent vacatur date and residency requirements. The court held that the current Rent Stabilization Code provision defining permanent vacatur is remedial and must be liberally construed to apply to the pending proceeding.
- Estrada v Tower 31 LLC2026 NY Slip Op 51567[U]
The court affirmed the permission to discontinue the proceeding without prejudice but modified the final judgment to limit the award of attorneys’ fees to those incurred in connection with the motion to discontinue. The court found that ordering payment of fees from the inception of the proceeding was improvident because respondents caused much of the delay in the matter.
- Medical Imaging of Bronx, P.C., Inc. v MVAIC2026 NY Slip Op 26160
The court reversed the lower court’s judgment, directing dismissal of the complaint because the plaintiff failed to establish a reasonable justification for the delay in submitting no-fault claims to MVAIC. The Appellate Term held that the lower court lacked authority to disregard strict filing time frames based on public policy considerations.
- People v Kasner2026 NY Slip Op 26159
The Appellate Term affirmed the denial of the defendant’s speedy trial motion, finding that the People exercised due diligence in fulfilling their discovery obligations despite missing some items. The court held that the statute does not require a perfect prosecutor and that the missing materials were duplicative, reducing prejudice to the defense.
- Carpet Diem 17 Corp v To2026 NY Slip Op 51566[U]
The Appellate Term reversed a small claims judgment because the trial court failed to ascertain as a threshold matter whether the contractor possessed the requisite license. Since the plaintiff admitted to being unlicensed, the home improvement contract was unenforceable under substantive law.
- Hayes v Muddy Paws Rescue2026 NY Slip Op 51565[U]
The court affirmed the dismissal of the plaintiff’s replevin claim because a prior written agreement transferred ownership of the dog to Animal Care Centers of NYC, leaving the plaintiff without an ownership interest. Additionally, the cross-motion for sanctions was properly denied because the defendants’ conduct was not frivolous.
- Mi-Kyeong Oh v 342 W. 71 St. LLC2026 NY Slip Op 51564[U]
The Appellate Term affirmed the dismissal of a harassment proceeding because the petitioner failed to present sufficient evidence to support her claim. The court found that the petitioner offered no witnesses or documentation and failed to lay a proper foundation for the audio recording she attempted to introduce.
- 472-476 Columbus Ave., LLC v Kretzu2026 NY Slip Op 51562[U]
The court affirmed the denial of a motion to substitute a new landlord in a holdover proceeding, finding that the trial court properly exercised its discretion. The proceeding could continue against the original landlord because the merits were already resolved and the judgment is binding on the new owners.
- Meimaris v Chase2026 NY Slip Op 51561[U]
The Appellate Term affirmed the dismissal of the complaint, finding that the plaintiff failed to prove the defendant knew or should have known of her dog’s vicious propensities. Additionally, the court determined the plaintiff did not establish that the defendant failed to exercise due care, noting the plaintiff’s dog was the aggressor.
Supreme Court, New York County
- Abramov v Capula Inv. US LP2026 NY Slip Op 26184
The court denied the motion to dismiss, holding that an in-house lawyer serving as a compliance officer is not categorically barred from asserting a statutory whistleblower retaliation claim under New York Labor Law § 740 due to attorney ethics rules. The court distinguished prior common law precedents by emphasizing the legislature’s clear policy favoring robust whistleblower protections and the plaintiff’s role in compliance rather than purely legal advice.
- Borden LP v Sixth St. Partners, LLC2026 NY Slip Op 51639[U]
The court awarded judgment to defendants for breach of contract, finding that the plaintiff breached the credit agreement by selling collateral to an insider at a price lower than the highest valid offer and failing to pay the Switch Sharing Percentage. The court held that the fraudulent conveyance claim was duplicative of the breach of contract damages and dismissed the tortious interference claim because the alleged tortfeasor was not a stranger to the contract.
- ACM MCC VI LLC v Able Liquidation Three2026 NY Slip Op 51633[U]
The court ordered defendants to fully respond to post-judgment information subpoenas and subpoenas duces tecum by October 30, 2026, rejecting the argument that a Notice of Judgment Debtor was required. The court also scheduled a future conference to address the non-compliance of nonparties, noting that proof of actual receipt is necessary for contempt proceedings against them.
Trial courts
- Council v National Coll. Athletic Assn.2026 NY Slip Op 26167
The Court granted a preliminary injunction enjoining the NCAA from enforcing eligibility rules against the plaintiff, finding a likelihood of success on claims for breach of the implied covenant of good faith and fair dealing and tortious interference. The Court determined that the NCAA’s cancellation of the waiver request without merit-based review constituted an arbitrary action that infringed upon the plaintiff’s property rights and prospective business relationships.
Also decided
- Matter of Leroy Johnston III, an Attorney, Resignor 2026 NY Slip Op 05710 October 2, 2026
- People v Smith 2026 NY Slip Op 05709 October 2, 2026
- People v Sauberan 2026 NY Slip Op 05708 October 2, 2026
- People v Lewis 2026 NY Slip Op 05707 October 2, 2026
- People v Dunn 2026 NY Slip Op 05706 October 2, 2026
- People v Boitschenko 2026 NY Slip Op 05705 October 2, 2026
- Matter of Cheektowaga-Sloan Union Free Sch. Dist. v Ostempowski 2026 NY Slip Op 05704 October 2, 2026
- Thurston v Howard 2026 NY Slip Op 05703 October 2, 2026
- Matter of Syracuse Univ. v City of Syracuse 2026 NY Slip Op 05702 October 2, 2026
- McInnis v A.O. Smith Water Prods. 2026 NY Slip Op 05701 October 2, 2026
- Hedman Resources Ltd. v Occidental Chem. Corp. 2026 NY Slip Op 05700 October 2, 2026
- Mosey v Office of Ct. Admin. 2026 NY Slip Op 05699 October 2, 2026
- Burns v Sobieraj 2026 NY Slip Op 05698 October 2, 2026
- People v Serrano 2026 NY Slip Op 05697 October 2, 2026
- April I.O. v Taylor 2026 NY Slip Op 05696 October 2, 2026
- Brown v State of New York 2026 NY Slip Op 05695 October 2, 2026
- Doe v Moran 2026 NY Slip Op 05694 October 2, 2026
- Mock v New York Athletic Club of City of N.Y. 2026 NY Slip Op 05693 October 2, 2026
- Matter of Niagara Frontier Tr. Metro Sys., Inc. (Amalgamated Tr. Local Union 1342) 2026 NY Slip Op 05692 October 2, 2026
- People v Govan 2026 NY Slip Op 05691 October 2, 2026
- People v Brown 2026 NY Slip Op 05690 October 2, 2026
- People v Johnson 2026 NY Slip Op 05688 October 2, 2026
- People v Barber 2026 NY Slip Op 05687 October 2, 2026
- People v Couser 2026 NY Slip Op 05686 October 2, 2026
- People v Reed 2026 NY Slip Op 05685 October 2, 2026
- People v Ocasio 2026 NY Slip Op 05684 October 2, 2026
- People v Monroe 2026 NY Slip Op 05683 October 2, 2026
- Matter of John Firey Adkins, an Attorney, Resignor 2026 NY Slip Op 05680 October 2, 2026
- Matter of Maureen P. Kieffer, an Attorney, Resignor 2026 NY Slip Op 05679 October 2, 2026
- Matter of Crane 2026 NY Slip Op 05678 October 2, 2026
- Matter of Thomas William Mayo, an Attorney, Resignor 2026 NY Slip Op 05677 October 2, 2026
- Matter of Kurz 2026 NY Slip Op 05676 October 2, 2026
- Matter of Bryan J. Keller, an Attorney, Resignor 2026 NY Slip Op 05674 October 2, 2026
- Matter of Sznitken 2026 NY Slip Op 05673 October 2, 2026
- Matter of Sheila Sullivan Dickinson, an Attorney, Resignor 2026 NY Slip Op 05672 October 2, 2026
- Matter of Carl R. Reynolds, an Attorney, Resignor 2026 NY Slip Op 05671 October 2, 2026
- Matter of Thomas John Lynch, an Attorney, Resignor 2026 NY Slip Op 05670 October 2, 2026
- Matter of McQuillen 2026 NY Slip Op 05669 October 2, 2026
- Matter of Cunningham 2026 NY Slip Op 05668 October 2, 2026
- Tri Trekkers, LLC v Rigberg 2026 NY Slip Op 05666 October 2, 2026
- Bankers Healthcare Group, LLC v ALC Legacy, LLC 2026 NY Slip Op 05665 October 2, 2026
- People v Clegg 2026 NY Slip Op 05662 October 2, 2026
- Shelby D. v Sadowitz 2026 NY Slip Op 05661 October 2, 2026
- Baylies v Willis 2026 NY Slip Op 05660 October 2, 2026
- Matter of Carroll v Carroll 2026 NY Slip Op 05659 October 2, 2026
- Matter of Holmes v Stenshorn 2026 NY Slip Op 05658 October 2, 2026
- VanLaeken v Nakamura 2026 NY Slip Op 05656 October 2, 2026
- Lisa C. v Troser Mgt., Inc. 2026 NY Slip Op 05655 October 2, 2026
- Matter of Dickinson v Whelan 2026 NY Slip Op 05654 October 2, 2026
- People v Banks 2026 NY Slip Op 05652 October 2, 2026
- 2055 Walden Ave., Inc. v 2115 Walden Ave, LLC 2026 NY Slip Op 05651 October 2, 2026
- Hoskins v Hoskins 2026 NY Slip Op 05648 October 2, 2026
- Matter of Santopietro v Shy Kym S. 2026 NY Slip Op 05647 October 2, 2026
- Bain v Urban League of Rochester N.Y., Inc. 2026 NY Slip Op 05646 October 2, 2026
- Matter of Maddox B.S. (Kristopher S.) 2026 NY Slip Op 05645 October 2, 2026
- Matter of Kardar S. (Darmeshia S.) 2026 NY Slip Op 05644 October 2, 2026
- Matter of Juniper T. (Stephanie T.) 2026 NY Slip Op 05643 October 2, 2026
- People v Larson 2026 NY Slip Op 05641 October 2, 2026
- Matter of Loehr v Durand 2026 NY Slip Op 05637 October 2, 2026
- Matter of Staie v Davidson 2026 NY Slip Op 05634 October 2, 2026
- Matter of Roth v Roth 2026 NY Slip Op 05633 October 2, 2026
- Matter of Pine v Kirk 2026 NY Slip Op 05630 October 2, 2026
- People v Washington 2026 NY Slip Op 05629 October 2, 2026
- People v Griffin 2026 NY Slip Op 05626 October 2, 2026
- Ryan v Cunningham 2026 NY Slip Op 05622 October 2, 2026
- People v Hill 2026 NY Slip Op 05619 October 2, 2026
- People v Mease 2026 NY Slip Op 05617 October 2, 2026
- Matter of Ford v Vitucci 2026 NY Slip Op 05681 October 2, 2026
- In the Matter of Elizabeth Mary Opalka, an Attorney 2026 NY Slip Op 05590 October 1, 2026
- People v Doukoure 2026 NY Slip Op 05609 October 1, 2026
- Matter of Attorneys in Violation of Judiciary Law § 468-a (Lee) 2026 NY Slip Op 05588 October 1, 2026
- People v Gonzalez 2026 NY Slip Op 05607 October 1, 2026
- In the Matter of Daniel Joseph Hartle, an Attorney 2026 NY Slip Op 05586 October 1, 2026
- People v Coleman 2026 NY Slip Op 05606 October 1, 2026
- People v Grundy 2026 NY Slip Op 05605 October 1, 2026
- Matter of Roman 2026 NY Slip Op 05584 October 1, 2026
- Matter of Marsalese 2026 NY Slip Op 05583 October 1, 2026
- People v Carrington 2026 NY Slip Op 05603 October 1, 2026
- Matter of Keitt v Uhler 2026 NY Slip Op 05576 October 1, 2026
- People v Shaun Q. 2026 NY Slip Op 05575 October 1, 2026
- People v Rosario 2026 NY Slip Op 05559 September 30, 2026
- People v McCall 2026 NY Slip Op 05555 September 30, 2026
- People v Clarke 2026 NY Slip Op 05552 September 30, 2026
- People v Carlson 2026 NY Slip Op 05551 September 30, 2026
- People v Callahan 2026 NY Slip Op 05550 September 30, 2026
- People v Brown 2026 NY Slip Op 05549 September 30, 2026
- Matter of Zhang v Feiner 2026 NY Slip Op 05545 September 30, 2026
- Matter of Antonio T. 2026 NY Slip Op 05542 September 30, 2026
- Matter of Jennine E. v Derrick W.T. 2026 NY Slip Op 05528 September 30, 2026
- Infante v Manolarakis 2026 NY Slip Op 05522 September 30, 2026
- Herrera v Almonte-Hernandez 2026 NY Slip Op 05521 September 30, 2026
- Almonte v Raymours Furniture Co., Inc. 2026 NY Slip Op 05509 September 30, 2026
- Stepton-Howard v Metropolitan N.Y. Synod of the Evangelical Lutheran Church in Am. 2026 NY Slip Op 05504 September 29, 2026
- People v Ortiz 2026 NY Slip Op 05500 September 29, 2026
- People v Charles 2026 NY Slip Op 05495 September 29, 2026
- People v McCassling 2026 NY Slip Op 05494 September 29, 2026
- People v Channer 2026 NY Slip Op 05489 September 29, 2026
- People v Roman 2026 NY Slip Op 05488 September 29, 2026
- People v Gutierrez 2026 NY Slip Op 05486 September 29, 2026
- Matter of Harge v Lewis 2026 NY Slip Op 05476 September 29, 2026
- Greenfield v Greenfield 2026 NY Slip Op 05475 September 29, 2026
- Matter of Black v Thompson 2026 NY Slip Op 05468 September 29, 2026
- Carranza v Memorial Hosp. for Cancer & Allied Diseases 2026 NY Slip Op 05466 September 29, 2026
- 853 Macy Place Owners Corp. v Christophe 2026 NY Slip Op 51563[U] September 28, 2026
Published October 3, 2026. Updated November 14, 2026.