New York Law Watch
The Court of Appeals splits on speedy-trial waivers and removes a judge
Week ending October 31, 2026
In Ekukpe the Court of Appeals held, over a dissent by Judge Rivera joined by Chief Judge Wilson and Judge Halligan, that CPL 30.30 (6) does not stop a defendant waiving appellate review of a speedy-trial claim in a plea; in Nantan, decided the same day, the Court held that the provision reaches appeals pending when it took effect. The Court affirmed the removal of a judge for a racial slur (Matter of Jones) and held that justification is available on an endangering charge built on force (Mears). The Second Department held that a ward in a 17-A guardianship may choose counsel (Jessica L.M.), and the Third Department upheld the State’s Foundation Aid response in the eighteen-year Maisto litigation.
172 decision records: 142 meet the substance floor; 30 records are held from search listings.
Edited by Eric McAvey.
Decision dates in this week run from October 27, 2026 to October 29, 2026, from 6 courts.
Selected decisions
A defendant can waive appellate review of a speedy-trial claim in a plea bargain, the Court of Appeals holds over a three-judge dissent
Holding CPL 30.30 (6) does not preclude a criminal defendant from waiving the right to appeal a statutory speedy trial claim as part of a negotiated plea bargain. The statute’s plain text only abrogates the rule that a guilty plea forfeits such claims, but it does not address or prohibit appeal waivers.
CPL 30.30 (6) does not shield statutory speedy trial claims from appeal waivers
2026 NY Slip Op 06378, at the official text
CPL 30.30 (6) reaches appeals pending when it took effect, including guilty pleas entered before it
Holding CPL 30.30 (6) unambiguously expands appellate review of speedy trial claims to all cases, including those arising from guilty pleas entered before the statute’s effective date. The provision applies to appeals pending when it took effect because it is a procedural and remedial statute that mandates review without reservation.
CPL 30.30 (6) unambiguously and unconditionally applies to all criminal appeals challenging an underlying order finally denying a motion to dismiss based on speedy trial grounds
2026 NY Slip Op 06379, at the official text
Justification is available on an endangering-the-welfare charge when the People’s case rests on force
Holding A justification instruction pursuant to Penal Law § 35.15 is available for a charge of endangering the welfare of a child when the prosecution’s case is premised on the defendant’s use of force. The refusal to give this instruction was not harmless error where a reasonable view of the evidence supported the defense.
a justification instruction pursuant to Penal Law § 35.15 may be available for a charge of endangering the welfare of a child that is premised on the use of force
2026 NY Slip Op 06237, at the official text
Court of Appeals affirms removal of a judge for a racial slur and biased remarks
Matter of Jones (New York State Commn. on Jud. Conduct)
Holding The Court affirmed the Commission’s determination that the petitioner committed judicial misconduct by using a racial slur and making racially insensitive comments, which violated rules requiring judges to maintain public confidence in the judiciary’s impartiality. The Court held that the sanction of removal was warranted due to the egregious nature of the conduct, the petitioner’s lack of credibility, and his failure to accept responsibility for his actions.
We conclude that petitioner committed misconduct and the sanction of removal is warranted.
2026 NY Slip Op 06236, at the official text
A ward in an SCPA article 17-A proceeding may choose her own counsel
Matter of Jessica L.M. (Deborah M.)
Holding A ward subject to a guardianship proceeding under SCPA article 17-A is constitutionally entitled to select counsel of their own choosing. The Surrogate’s Court erred in disqualifying the petitioner’s retained counsel and appointing new counsel because the record demonstrated the petitioner freely and independently retained her attorney.
The question presented on these appeals, an issue of first impression for this Court, is whether a ward who is the subject of a guardianship pursuant to article 17-A of the Surrogate's Court Procedure Act (SCPA) is entitled to legal counsel of their own choosing.
2026 NY Slip Op 06306, at the official text
Eighteen years on, the State’s Foundation Aid response to the small-cities school funding claim is rational
Holding The Appellate Division affirmed the lower court’s determination that the State’s remedial response, centered on the full implementation of the Foundation Aid formula, was rational. The court held that while plaintiffs identified legitimate concerns regarding the formula’s methodology, they failed to demonstrate that the State’s chosen remedy was patently irrational or constitutionally infirm.
the manner by which the State addresses complex societal and governmental issues is a subject left to the discretion of the political branches of government
2026 NY Slip Op 06365, at the official text
By court
Court of Appeals
- People v Nantan2026 NY Slip Op 06379
CPL 30.30 (6) unambiguously expands appellate review of speedy trial claims to all cases, including those arising from guilty pleas entered before the statute’s effective date. The provision applies to appeals pending when it took effect because it is a procedural and remedial statute that mandates review without reservation.
- People v Ekukpe2026 NY Slip Op 06378
CPL 30.30 (6) does not preclude a criminal defendant from waiving the right to appeal a statutory speedy trial claim as part of a negotiated plea bargain. The statute’s plain text only abrogates the rule that a guilty plea forfeits such claims, but it does not address or prohibit appeal waivers.
- People v Mears2026 NY Slip Op 06237
A justification instruction pursuant to Penal Law § 35.15 is available for a charge of endangering the welfare of a child when the prosecution’s case is premised on the defendant’s use of force. The refusal to give this instruction was not harmless error where a reasonable view of the evidence supported the defense.
- Matter of Jones (New York State Commn. on Jud. Conduct)2026 NY Slip Op 06236
The Court affirmed the Commission’s determination that the petitioner committed judicial misconduct by using a racial slur and making racially insensitive comments, which violated rules requiring judges to maintain public confidence in the judiciary’s impartiality. The Court held that the sanction of removal was warranted due to the egregious nature of the conduct, the petitioner’s lack of credibility, and his failure to accept responsibility for his actions.
- People v Salina B.2026 NY Slip Op 06235
The Court held that the defendant’s challenge to her plea was unpreserved for appellate review because she did not move to withdraw her plea or vacate the judgment. Consequently, the Appellate Division’s order was reversed and the case remitted for further proceedings.
Appellate Division, First Department
- JRT Realty Group, Inc. v Cushman & Wakefield, Inc.2026 NY Slip Op 06400
The court affirmed the dismissal of the plaintiff’s claims, holding that the defamation and tortious interference claims were barred by New York’s anti-SLAPP statute because the underlying email addressed a public interest issue. Additionally, the court found the plaintiff lacked standing to enforce the contract and failed to meet the heightened substantial-basis standard required for anti-SLAPP motions.
- Ann Arbor Group LLC v Gherardi2026 NY Slip Op 06399
The Appellate Division affirmed the denial of the plaintiff’s CPLR 3213 motion for summary judgment in lieu of complaint because the service of the notice of motion was defective, depriving the court of jurisdiction. Additionally, the court found that even if jurisdiction existed, the plaintiff failed to establish entitlement to summary judgment due to unresolved questions of fact regarding the assignment of the note and guaranty.
- Whitaker v 1975-1983 Jerome Ave. Corp.2026 NY Slip Op 06398
The Appellate Division affirmed the denial of the defendant’s motion to vacate a default judgment because the motion was untimely and lacked a meritorious defense. The court also declined to review a service argument raised for the first time on appeal.
- Matter of B.B.V. v D.S.S., Jr., et al.2026 NY Slip Op 06397
The Family Court properly dismissed the custody petition filed by the biological mother for lack of standing. The court determined that the mother lacked standing because the child had already been placed in the care and custody of the Commissioner of Social Services for adoption purposes prior to the filing of the petition.
- Topilin v Island House Tenant Corp.2026 NY Slip Op 06396
The court reinstated the plaintiff’s claim for breach of the warranty of habitability, holding that a tenant’s failure to procure required insurance does not waive statutory rights under Real Property Law § 235-b. However, the court affirmed the dismissal of the plaintiff’s claims for breach of the proprietary lease and against the lender, finding the lease terms and loan documents governed those disputes.
- Schuster v Deckoff2026 NY Slip Op 06395
The court affirmed the dismissal of the plaintiff’s personal injury action for lack of personal jurisdiction because the plaintiff failed to establish proper substituted service. Additionally, the court denied the plaintiff’s cross-motion for an extension of time to serve the pleadings due to a lack of reasonably diligent efforts.
- Matter of Progressive Direct Insurance Company v Wilmar Cifuentes Vargas2026 NY Slip Op 06393
The Appellate Division reversed the permanent stay of arbitration, remanding the matter for a hearing to determine if physical contact occurred and if the 24-hour reporting requirement was met. The court found that conflicting evidence regarding the accident and the reporting compliance necessitated a framed issue hearing rather than a definitive stay.
- Peru v Peru2026 NY Slip Op 06392
The Appellate Division affirmed the lower court’s award of sole legal and primary physical custody to the mother, finding that the father’s refusal to accept the child’s autism diagnosis and his failure to provide a realistic educational plan were detrimental to the child’s best interests. The court determined that joint custody was inappropriate due to the acrimonious relationship between the parties and the father’s undermining behavior.
- People v Rodriguez2026 NY Slip Op 06391
The court affirmed the judgment, finding that the trial court properly denied the defendant’s motion to withdraw his guilty plea. The court also determined that the defendant’s claims regarding the waiver of self-incrimination and speedy trial rights were unpreserved for appellate review.
- People v Campbell2026 NY Slip Op 06390
The court vacated the specific expiration date of the order of protection because it was calculated without accounting for the defendant’s jail time credit. The matter was remanded for a new determination of the order’s expiration, while the protection itself remained in effect pending that decision.
- People v Feldman2026 NY Slip Op 06389
The court affirmed the conviction and sentence, finding that police had reasonable suspicion to stop the defendant and probable cause to arrest him after he pushed a detective and open warrants were discovered. The court also rejected the defendant’s Batson challenge and his CPL 440.20 motion to set aside the sentence based on recent federal precedent.
- Matter of Peers Business Inc. v Navios S. Am. Logistics Inc.2026 NY Slip Op 06387
The court reversed the lower court’s order continuing a temporary restraining order and dissolved the TRO because the petitioner participated in the arbitration proceedings, thereby waiving its right to seek a stay under CPLR 7503(b). The court held that the petitioner’s failure to seek judicial relief promptly, despite advice from a federal court, precluded it from avoiding arbitration.
- Matter of Wolk2026 NY Slip Op 06385
The court granted the Attorney Grievance Committee’s motion for interim suspension, finding that uncontroverted evidence of the attorney’s misappropriation of client funds and misrepresentations to the court constituted conduct immediately threatening the public interest. The attorney’s claimed good faith belief in his right to the funds did not controvert the bank records showing the funds were removed from the IOLA account while the dispute remained unresolved.
- Hofstra University, et al., Plaintiffs-Appellants-Respondents, v United Educators, Defendant-Respondent-Appellant.2026 NY Slip Op 06384
The term ‘funds’ in the insurance policy exclusion includes tuition and fees, but dismissal of the complaint is premature because the underlying class actions seek damages beyond the return of money paid. The insurer’s duty to pay defense costs is triggered because the underlying claims raise the possibility of coverage for other damages.
- Matter of Connolly v City of New York2026 NY Slip Op 06383
The court affirmed the denial of leave to file a late notice of claim because the petitioner failed to prove the City had actual knowledge of the essential facts of his claim or that the City was not prejudiced by the delay. Additionally, the petitioner failed to provide a reasonable excuse for the delay, as his claim of incapacity was contradicted by his own affidavit.
- Brigade Cavalry Fund Ltd. v Chirico2026 NY Slip Op 06382
The court dismissed the fraud claims based on financial projections due to a lack of justifiable reliance and adequate due diligence by the sophisticated investor. Additionally, the North Carolina Securities Act claim was dismissed to the extent it relied on financial projections, while the officer’s certificate claim failed for lack of sufficient scienter allegations.
- 901 Properties, LLC v Bear Glass Inc.2026 NY Slip Op 06380
The trial court properly excluded nonparty invoices from evidence because the plaintiff failed to provide supportive testimony regarding the nonparty’s business practices. Additionally, the court correctly found that the contract did not cover all windows, entitling the defendant to payment for the extra work performed.
- Ferguson v New Savoy Park II2026 NY Slip Op 06243
The Appellate Division affirmed the lower court’s decision to vacate a default judgment based on a reasonable excuse of law office failure and the submission of potentially meritorious defenses. Consequently, the court properly denied the plaintiff’s subsequent motion for entry of a money judgment.
- Vega v Archdiocese of New York2026 NY Slip Op 06270
The appeal was dismissed because the record lacked admissible evidence to support the appellant’s claims of attorney-client and work-product privileges. The court held that unsworn representations in appellate briefs are insufficient to establish the existence of these privileges for meaningful appellate review.
- Turner v Pride & Servs. El. Co. Inc.2026 NY Slip Op 06269
The court affirmed the dismissal of the plaintiff’s claims against CEMD as time-barred because service on a different entity was insufficient to confer jurisdiction. Additionally, the court affirmed summary judgment for Kone, noting that the purchase agreement excluded personal injury liability and that the plaintiff’s successor liability argument was not properly raised.
- Sigler v Baldan2026 NY Slip Op 06268
The court affirmed the dismissal of fraudulent conveyance and unjust enrichment claims but reversed the dismissal of the declaratory judgment claim, holding that the plaintiff’s security interest in the co-op shares survived the Florida sheriff’s sale and judgment. The court also remanded the motion to disqualify defense counsel for further proceedings.
- Shiwprasad v New York City Health & Hosps. Corp.2026 NY Slip Op 06267
The court affirmed the denial of summary judgment, finding that the plaintiff’s expert testimony created triable issues of fact regarding the standard of care and causation. The court held that the absence of a certificate of compliance for the expert’s affirmation was not a fatal defect.
- Santana v Emerald 85-87 Vermilyea, LLC2026 NY Slip Op 06266
The Appellate Division affirmed the summary judgment dismissing the plaintiff’s complaint because the defendants established they lacked actual or constructive notice of the defect. The plaintiff failed to raise a triable issue of fact, as his affidavits contradicted his deposition testimony and his post-filing allegations regarding handrails were untimely.
- Renaissance Midtown West LLC v Lividini & Company, LLC2026 NY Slip Op 06265
The dismissal of the landlord’s claims was affirmed because the landlord failed to provide the notice required by the lease before reentering and reletting the premises after the tenant vacated. Additionally, the claims for breach of guaranty and piercing the corporate veil were dismissed due to insufficient allegations and lack of documentary evidence.
- People v Garcia2026 NY Slip Op 06263
The court modified the judgment to vacate the conviction for criminal obstruction of breathing or blood circulation and dismiss that count to effectuate the plea bargain. The court affirmed the remaining conviction for strangulation in the second degree and declined to address the ineffective assistance claim.
- People v Eligio2026 NY Slip Op 06261
The court affirmed the conviction and sentence, holding that the defendant’s ineffective assistance of counsel claim regarding the gun licensing law’s constitutionality was unreviewable on direct appeal because it required matters outside the record. Additionally, the court found no ineffective assistance because the underlying constitutional claim was unavailing.
- People v Lee2026 NY Slip Op 06259
The court held that the sentencing court’s denial of defense counsel’s attendance at the presentence interview was an improvident exercise of discretion. Consequently, the sentence was vacated and the matter remanded for resentencing following a new presentence interview where defense counsel may appear.
- People v Bonilla2026 NY Slip Op 06257
The appellate court dismissed the appeal because the defendant’s challenges to a voluntary forfeiture agreement were not properly before the court, as the forfeiture was not part of the judgment of conviction. The court noted that the forfeiture was based on a voluntary settlement of a potential civil proceeding governed by the CPLR, rather than a criminal sentence.
- Pemberton v Liberty Ashes Inc.2026 NY Slip Op 06255
The Appellate Division affirmed the summary judgment dismissing the plaintiff’s complaint because the defendants established the plaintiff ran a red light and rode against one-way traffic. The court found the plaintiff’s expert opinions regarding the defendant’s marijuana use and speeding were speculative, conclusory, and contradicted by admissible GPS and video evidence.
- Oliveira v 5462th Realty LLC2026 NY Slip Op 06254
The court affirmed the grant of summary judgment on liability for the plaintiff’s Labor Law § 240(1) claim, finding that the plaintiff was struck by a falling beam and that the defendants failed to provide appropriate safety devices. The court determined that the defendants failed to raise a triable issue of fact regarding the cause of the accident or the adequacy of safety measures.
- NYCTL 1998-2 Trust v Bethelite Community Baptist Church2026 NY Slip Op 06253
The defendant lacked standing to challenge the validity of the assignments of the foreclosure bid because its rights were extinguished at the foreclosure sale. Additionally, the court properly granted a writ of assistance to a nonparty because RPAPL 221 allows any adversely affected person to bring such a motion.
- Matter of Spiegelman2026 NY Slip Op 06252
The court found the attorney guilty of professional misconduct for misappropriating client funds and committing fraud, applying collateral estoppel to the prior civil judgment. The attorney was immediately suspended from the practice of law pending a referee’s recommendation on the final sanction.
- Martinez v 561 W. 144 Realty LLC2026 NY Slip Op 06251
The court affirmed the denial of summary judgment because the defendant failed to establish that it lacked actual or constructive notice of the defective ceiling. The plaintiff’s testimony that building staff painted over visible mold created a triable issue of fact regarding the defendant’s knowledge of the defect.
- Laltitude LLC v Zhejiang Jiajiao Holdings Group Co., Ltd.2026 NY Slip Op 06249
The court reversed the lower court’s denial of a motion to dismiss for lack of personal jurisdiction, finding that the defendant’s attendance at a trade fair did not constitute purposeful activity or a substantial relationship to the breach of contract claim. The court determined that contacts occurring after the alleged breach cannot establish the defendant’s relationship with New York for jurisdictional purposes.
- Matter of L.R. v E.H.2026 NY Slip Op 06248
The Appellate Division affirmed the Family Court’s denial of the father’s request to keep his out-of-state address confidential, finding he failed to demonstrate an unreasonable risk to his safety. The court also upheld the limitation of the father’s visitation to New York until he disclosed his Nevada address, citing his financial circumstances and refusal to share travel costs.
- Matter of Hellman Elec. LLC v City of New York2026 NY Slip Op 06246
The DOT’s renewal of the contract without a specific fair-and-reasonable price determination was not arbitrary and capricious because the regulation only requires such a determination if applicable. The court found the DOT’s interpretation that the requirement applies only when there was no initial competitive bidding process to be rational.
- Matter of F.L.H. (A.G.L.)2026 NY Slip Op 06245
The Appellate Division affirmed the Family Court’s order excluding the respondent from the marital home and finding him guilty of second-degree harassment and reckless endangerment. The court determined that the respondent’s aggressive conduct and threats established a safety concern, justifying the exclusion order despite the parties’ prior living arrangements.
- Matter of Filipski v New York State Div. of Hous. & Community Renewal2026 NY Slip Op 06244
The Appellate Division affirmed the denial of the petition to annul the DHCR determination, finding that the landlord satisfied its burden of proving the legitimacy of individual apartment improvements (IAIs) through contractor affidavits and receipts. The court held that the tenant’s personal observations were insufficient to establish a fraudulent scheme to deregulate the apartment.
- Dupree v NewYork-Presbyterian Columbia Univ. Irving Med. Ctr.2026 NY Slip Op 06242
The court modified the lower court’s order to reinstate the plaintiff’s negligence and negligent hiring claims, finding that dismissal was too drastic a sanction for counsel’s failure to appear personally. The dismissal of the medical malpractice claim was affirmed because the plaintiff failed to submit necessary expert medical opinion evidence.
- Chirico v 3|5|2 Capital ABS Fund LLC2026 NY Slip Op 06241
The Appellate Division reversed the lower court’s dismissal, reinstating the complaint because the plaintiff sufficiently alleged entitlement to advancement of legal fees under the Fund Agreements. The court found that the indemnity clause explicitly continues coverage for former employees and that the plaintiff adequately alleged the underlying actions were not internal disputes.
- Brown v Parkchester Preserv. Mgt.2026 NY Slip Op 06240
The court affirmed the denial of summary judgment because the plaintiff raised triable issues of fact regarding whether a storm was in progress at the time of the fall. Additionally, the record presented unresolved questions about whether black ice existed prior to the storm and whether the defendant had constructive notice of the condition.
- Berko & Associates LLC v B. Jaffe Real Estate JV LLC2026 NY Slip Op 06239
The appellate court held that the plaintiff lacked standing to enforce the LLC Agreement because a no-third-party beneficiary clause barred enforcement by non-signatories, even if defined as affiliates. Consequently, the breach of contract claim was dismissed, but the quantum meruit claim was reinstated because factual issues remained regarding the reasonable value of services.
- Abuzaid v Almayouf2026 NY Slip Op 06238
The Appellate Division affirmed the lower court’s orders imposing discovery sanctions, including striking the defendant’s answer and awarding attorneys’ fees, due to her chronic noncompliance with discovery obligations. The court held that the defendant’s pro se status did not excuse her failure to comply with court orders or her obstruction of the discovery process.
Appellate Division, Second Department
- Wynter v City of New York2026 NY Slip Op 06351
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a dismissal order because the plaintiff failed to submit admissible evidence supporting the claim that counsel appeared at the scheduled inquest. The court held that a party alleging appearance by counsel must provide evidence in admissible form to support that assertion.
- Wilmington Sav. Fund Socy., FSB v Saunders2026 NY Slip Op 06350
The court affirmed the denial of the defendant’s motion to vacate a default judgment and foreclosure judgment because the defendant failed to demonstrate a reasonable excuse for the default. The court found that the attorney’s disbarment did not constitute a reasonable excuse, particularly given the lack of timely inquiry by the defendant and the timing of the disbarment relative to the default.
- Wilmington Savings Fund Society, FSB, etc., respondent, v Eric Leder, etc., appellant, et al., defendants.2026 NY Slip Op 06349
The inclusion of relevant bankruptcy rights information in the same envelope as the RPAPL 1304 notice did not violate the separate envelope requirement. Additionally, the loan servicer was properly authorized to send the required notices under a limited power of attorney.
- Williams v New York City Health & Hosps. Corp.2026 NY Slip Op 06348
The court affirmed the summary judgment dismissing the complaint against the defendant because the defendant established that its actions did not deviate from accepted medical standards. The plaintiffs failed to raise a triable issue of fact by not submitting an expert affirmation in opposition.
- Wells Fargo Bank, N.A. v Boyd2026 NY Slip Op 06347
The court affirmed the denial of the defendant’s motion to vacate the foreclosure judgment, holding that the defendant waived the defense of lack of personal jurisdiction by actively litigating the action without first asserting an objection. Additionally, the prior order denying the motion to dismiss was the law of the case regarding the jurisdictional arguments.
- Velasquez v 88 Cypress, LLC2026 NY Slip Op 06346
The Appellate Division reversed the lower court’s grant of summary judgment because the defendant failed to make a prima facie showing that the alleged sidewalk defect was trivial or that it lacked constructive notice. The court found the defendant’s expert affidavit insufficient because the inspection occurred more than three years after the accident without proof the condition remained unchanged.
- U.S. Bank National Association, etc., appellant, v Sandra Simpson, etc., respondent, et al., defendants.2026 NY Slip Op 06345
The court held that the January 2018 order was a nullity because it was issued after the borrower’s death and before the substitution of a legal representative. Consequently, the December 2022 order was also properly vacated because the action remained dismissed.
- U.S. Bank N.A. v Iqbal2026 NY Slip Op 06344
The plaintiff failed to establish standing for summary judgment because it did not submit admissible evidence proving it held the note at the time the action was commenced. The court affirmed the denial of the motion, noting that the plaintiff’s reliance on a servicer’s affidavit without personal knowledge or supporting records constituted inadmissible hearsay.
- U.S. Bank Natl. Assn. v Ford2026 NY Slip Op 06343
The court affirmed the dismissal of the foreclosure action as time-barred, determining that the Foreclosure Abuse Prevention Act (FAPA) constituted a change in the law that warranted reconsideration of the statute of limitations. Under FAPA, the voluntary discontinuance of prior foreclosure actions did not revive or reset the limitations period for the current action.
- U.S. Bank Natl. Assn. v Diakhate2026 NY Slip Op 06342
The court affirmed the judgment of foreclosure and sale, holding that the plaintiff established standing by attaching the properly endorsed note to the complaint and that the defendant, as the estate’s administrator rather than the borrower, was not entitled to the 90-day notice required by RPAPL 1304. Additionally, the court found that the referee’s report was properly confirmed because the findings were substantially supported by the record and the plaintiff’s loan servicer provided a proper foundation for the admission of business records.
- U.S. Bank Natl. Assn. v Alexander2026 NY Slip Op 06341
The court reversed the judgment of foreclosure and sale because the plaintiff failed to take proceedings toward entry of a default judgment within one year of the defendant’s default. The plaintiff’s excuses for the delay were deemed conclusory and unsubstantiated, requiring dismissal of the complaint against the defendant as abandoned under CPLR 3215(c).
- Sherpa v SRF Partnership, L.P.2026 NY Slip Op 06340
The court affirmed the lower court’s order vacating a default judgment under CPLR 317 because the defendant demonstrated it did not receive actual notice of the action due to an incorrect address on file with the Secretary of State. The defendant also established a potentially meritorious defense by showing the property was leased to another entity at the time of the incident.
- Schmeisser v 685 First Realty Co., LLC2026 NY Slip Op 06339
The court affirmed the denial of the plaintiff’s motion for summary judgment because he failed to establish a prima facie case that the defendants violated 12 NYCRR 23-1.7(d) and (e)(1). The plaintiff’s own deposition testimony raised triable issues of fact regarding the existence of a slippery condition and the duration of the tripping hazard.
- Schirmer v Piazza2026 NY Slip Op 06338
The court affirmed the denial of the motion to vacate the money judgment because the appellants failed to demonstrate a reasonable excuse for their default in opposing the motion. The attorney’s unsubstantiated claim that court emails were in the wrong folder was insufficient to establish a reasonable excuse under CPLR 5015(a).
- Rajpaulsingh v Hidden Pond at Old Westbury, LLC2026 NY Slip Op 06337
The court affirmed the denial of summary judgment on common-law negligence and Labor Law § 200 claims because the defendant failed to establish it lacked the authority to supervise or control the work. However, the court reversed the grant of summary judgment on Labor Law §§ 240(1) and 241(6) claims, finding triable issues of fact regarding whether the construction manager acted as an agent of the owner or general contractor.
- People v Lopez2026 NY Slip Op 06336
The appellate court affirmed the defendant’s designation as a level two sex offender, finding that his argument for a downward departure was unpreserved because he did not request it at the hearing. Additionally, the court determined that the defendant failed to establish that a downward departure was warranted based on the risk assessment points.
- People v Call2026 NY Slip Op 06335
The Appellate Division reversed the defendant’s designation as a level three sex offender and designated him a level two sex offender because the People failed to prove aggravating circumstances warranting an upward departure. The court affirmed the denial of the defendant’s application for a downward departure, finding that the substantial age disparity between the parties warranted maintaining the presumptive risk level.
- People v Romero-Lopez2026 NY Slip Op 06331
The court reversed the conviction and ordered a new trial because the trial court improperly precluded cross-examination of the complaining witness regarding her drug use and mental health diagnosis. The court found these errors were not harmless because the evidence of guilt was not overwhelming and the errors may have contributed to the conviction.
- People v Reyes2026 NY Slip Op 06330
The court affirmed the convictions for kidnapping, rape, and endangering the welfare of a child, finding that the defendant’s statements were not the product of custodial interrogation and that no Brady violation occurred. However, the court modified the sentence by reducing the kidnapping term and directing that all sentences run concurrently.
- People v Reed2026 NY Slip Op 06329
The Superior Court Information was jurisdictionally defective and a nullity because the defendant’s waiver of indictment occurred after a grand jury had already returned an indictment covering the same criminal transaction. Consequently, the conviction based on the defective information was reversed and the information was dismissed.
- People v Pichardo2026 NY Slip Op 06328
The court affirmed the conviction for second-degree murder and first-degree burglary, finding that the defendant’s statements were voluntarily made after a valid waiver of Miranda rights. The appellate court further determined that the evidence was legally sufficient and not against the weight of the evidence, and that any error regarding a missing witness charge was harmless.
- People v Newton2026 NY Slip Op 06326
The court affirmed the denial of the defendant’s motion to suppress physical evidence, finding that police had reasonable suspicion to stop the vehicle based on a database inquiry indicating stolen plates and probable cause to arrest based on the plain view observation of a gun. The court also held that the trial court did not err in instructing the jury that the lawfulness of the stop was not a question for them to decide.
- People v Matos-Colon2026 NY Slip Op 06322
The court affirmed the conviction, finding that the trial court’s denial of a mistrial was harmless error because the curative instruction and overwhelming evidence of guilt negated any prejudice from the improperly played portion of a controlled call. Additionally, the court held that the defendant failed to preserve his sentencing arguments for appellate review.
- People v Irick2026 NY Slip Op 06321
The defendant’s challenge to his sentencing as a second felony offender was unpreserved for appellate review because he did not contest his status at the sentencing hearing. The court declined to exercise its interest of justice jurisdiction to reach the unpreserved issue.
- People v Chocoj-Marroquin2026 NY Slip Op 06316
The appellate court affirmed the judgment despite finding that the defendant’s waiver of the right to appeal was not knowingly, voluntarily, and intelligently made due to the trial court’s failure to properly advise him of the attendant rights and the scope of the waiver. However, the court determined that the sentence imposed was not excessive, thereby upholding the conviction and sentence.
- People v Brown2026 NY Slip Op 06315
The court affirmed the judgment, finding the defendant’s claim regarding the voluntariness of her plea was unpreserved and without merit. Additionally, the court held that the delay in the appeal caused by counsel substitutions was not properly before the court on the appeal from the judgment.
- Newhouse v SSMG Realty, LLC2026 NY Slip Op 06313
The Appellate Division affirmed the judgment granting specific performance of a real property contract because the plaintiffs established they were ready, willing, and able to close. The defendants failed to raise a triable issue of fact in opposition to the summary judgment motion.
- Nationstar Mtge., LLC v PLB Enters. USA, Inc.2026 NY Slip Op 06311
The Appellate Division reversed the lower court’s order vacating a dismissal, holding that the plaintiff failed to establish a reasonable excuse for its default in appearing at a conference. The court found the plaintiff’s claim of law office failure unsubstantiated because the supporting attorney affirmation lacked personal knowledge of the error.
- Matter of Winter2026 NY Slip Op 06310
The court reversed the Surrogate’s Court’s order disqualifying the surviving spouse from receiving letters of administration, finding that the sister failed to meet her burden of proving abandonment. The court held that the evidence presented, consisting of unsigned and unsworn documents, was insufficient to establish disqualification under EPTL 5-1.2.
- Matter of United Realty Five, LLC v Niblack2026 NY Slip Op 06309
The Department of Finance committed an error of law by failing to classify a vacant lot in Queens zoned R6 as tax class one. The court affirmed the lower court’s decision to annul the denial and direct reclassification, noting that such land is properly class one regardless of any commercial overlay.
- Matter of T. C. v New York City Dept. of Educ.2026 NY Slip Op 06308
The Appellate Division affirmed the denial of leave to serve a late notice of claim because the petitioners failed to demonstrate that the Department of Education had actual knowledge of the essential facts constituting the claim. The court determined that the submitted reports indicated the crowd merely furnished the occasion for the accident, rather than showing that the municipality committed a potentially actionable wrong through negligent supervision.
- Matter of Olatunji v Animashaun2026 NY Slip Op 06307
The Appellate Division affirmed the Family Court’s order enforcing a Nigerian custody decree under the UCCJEA, determining that Nigeria retained exclusive, continuing jurisdiction. The court held that the mother’s wrongful removal of the children to New York did not establish New York as the children’s home state.
- Matter of Jessica L.M. (Deborah M.)2026 NY Slip Op 06306
A ward subject to a guardianship proceeding under SCPA article 17-A is constitutionally entitled to select counsel of their own choosing. The Surrogate’s Court erred in disqualifying the petitioner’s retained counsel and appointing new counsel because the record demonstrated the petitioner freely and independently retained her attorney.
- Matter of Fernando v Village of Garden City, Inc.2026 NY Slip Op 06305
The court affirmed the lower court’s dismissal of the petition, finding that the hearing officer’s denial of the small claims assessment review had a rational basis. The petitioner failed to meet the burden of presenting sufficient evidence of excessive assessment, and the remaining contention was improperly raised for the first time on appeal.
- Matter of Deutschmann v Deutschmann Partners, LLC2026 NY Slip Op 06304
The Appellate Division affirmed the lower court’s order granting the petition to decree the dissolution of the limited partnerships. The court determined that the petitioners established that the agreed-upon conditions for judicial dissolution were met and that no triable issues of fact were raised.
- Matter of Deutschmann v Deutschmann Partners, LLC2026 NY Slip Op 06303
The Supreme Court properly denied the motion to dismiss the petition for dissolution and appointment of a receiver because the appellants failed to conclusively establish that the LLC was validly admitted as a general partner. The evidence submitted was ambiguous and of disputed authenticity, failing to meet the strict standard for dismissal under CPLR 3211(a)(1).
- Matter of D’Aleo v Arlington Cent. Sch. Dist.2026 NY Slip Op 06302
The Appellate Division affirmed the dismissal of the petition, finding that the hearing officer’s determination sustaining charges of misconduct and insubordination was rational and supported by evidence. The court held that the penalty of termination was not disproportionate to the offense and did not shock the sense of fairness.
- Matter of Congregation Radin Dev., Inc. v Town of Ramapo2026 NY Slip Op 06301
The court affirmed the dismissal of the petitioner’s claims because the respondents established that the petitioner was not organized exclusively for exempt purposes and that pecuniary profit could inure to its members. Consequently, the petitioner failed to satisfy the statutory requirements for a real property tax exemption under RPTL 420-a.
- Matter of Congregation Radin Dev., Inc. v Town of Ramapo2026 NY Slip Op 06300
The Appellate Division affirmed the lower court’s order precluding the petitioner from introducing certain evidence because it failed to comply with discovery demands. The court found that the petitioner’s repeated failure to produce required documents without a reasonable excuse supported an inference of willful and contumacious conduct.
- Matter of 11-19 Foam Place Holdings, LLC v Niblack2026 NY Slip Op 06298
The court affirmed the lower court’s judgment, holding that the Department of Finance committed an error of law by failing to reclassify a vacant lot in Queens as tax class one. The parcel was properly classified as tax class one because it was zoned residential and located outside of Manhattan, regardless of any commercial overlay.
- Milonas v Piro2026 NY Slip Op 06297
The court affirmed the summary judgment dismissing the plaintiff’s personal injury claim because the defendant established that the plaintiff negligently entered the roadway without yielding the right-of-way, which was the sole proximate cause of the collision. The plaintiff failed to raise a triable issue of fact regarding the defendant’s fault.
- Midfirst Bank v McKenzie2026 NY Slip Op 06296
The court affirmed the lower court’s order severing the third-party actions from the main foreclosure action, finding that the trial court providently exercised its discretion to promote the prompt resolution of an eighteen-year-old case. Additionally, the court dismissed the purported appeal by the deceased defendant because the filing attorney lacked the authority to act on his behalf.
- Midfirst Bank v McKenzie2026 NY Slip Op 06295
The court dismissed the appeal filed on behalf of a deceased defendant due to lack of authority and dismissed the appeal regarding the denial of reargument as non-appealable. The court modified the lower court’s order to vacate a subsequent order as a nullity arising from the automatic stay upon the defendant’s death.
- Melendez v City of New York2026 NY Slip Op 06294
The court affirmed the dismissal of the personal injury complaint because the plaintiff failed to prove that the City received prior written notice of the specific crosswalk defect. The evidence showed that the symbols on the Big Apple maps did not correspond to the alleged defect, failing to satisfy the statutory condition precedent.
- Matos-Matos v City of Yonkers2026 NY Slip Op 06293
The Appellate Division reversed the lower court’s denial of summary judgment, granting the City’s motion to dismiss the complaint. The court held that the City established it lacked prior written notice of the sidewalk defect and the plaintiff failed to demonstrate that the affirmative negligence exception applied.
- Magpantay v New York City Sch. Constr. Auth.2026 NY Slip Op 06292
The court granted summary judgment on the Labor Law § 240(1) claim, finding that the failure to secure a falling object was a proximate cause of the injury. However, it affirmed the denial of summary judgment on the Labor Law § 241(6) and § 200 claims due to triable issues of fact regarding the area’s exposure to falling objects and the defendants’ supervisory control.
- M. M. v Andriotis2026 NY Slip Op 06291
A resident physician acting under the supervision of an attending physician is not liable for medical malpractice if the supervising doctor’s directions did not greatly deviate from normal practice. The court affirmed summary judgment because the defendant demonstrated she was acting under supervision and the plaintiffs failed to raise a triable issue of fact regarding her independent liability.
- Ljusic v Petit2026 NY Slip Op 06290
The Appellate Division reversed the lower court’s order granting leave to amend the complaint, finding that the plaintiffs’ proposed amendment to add a property damage claim was barred by significant prejudice and unreasonable delay. The court determined that the amendment constituted a significant expansion of claims sought after discovery was completed and without supporting documentation.
- Leader v 85 Quay St., LLC2026 NY Slip Op 06289
The Appellate Division affirmed the lower court’s refusal to dismiss the complaint for failure to provide discovery, finding that the defendant did not demonstrate the plaintiff’s conduct was willful and contumacious. The court held that the prior order was not a self-executing conditional order of dismissal and that the drastic remedy of striking a pleading was unwarranted given the plaintiff’s eventual compliance and explanations.
- Killerlane v Meagher & Meagher, P.C.2026 NY Slip Op 06288
The court affirmed the denial of the defendants’ motions to dismiss, holding that the amended complaint sufficiently stated a cause of action for breach of contract and violations of Labor Law article 6. The court further determined that the alleged oral agreement regarding referral fees was not barred by the statute of frauds.
- Innes v Ignis Dev., Inc.2026 NY Slip Op 06287
The Appellate Division affirmed the lower court’s order vacating a default judgment under CPLR 317 because the defendant demonstrated it did not receive actual notice of the action due to an incorrect address on file with the Secretary of State. The court rejected the plaintiff’s argument that the defendant’s failure to update its address constituted a deliberate attempt to avoid service, noting the plaintiff knew the defendant’s actual business address.
- HSBC Mtge. Corp. (USA) v Gewirtz2026 NY Slip Op 06286
The Appellate Division affirmed the lower court’s grant of summary judgment to the plaintiff, finding that the plaintiff established its prima facie entitlement to judgment by producing the note, mortgage, and admissible business records of default. The court also affirmed the striking of the defendant’s affirmative defense of lack of standing, as the plaintiff was the original lender in direct privity with the defendant.
- Henshaw v Chelsea DHC, LLC2026 NY Slip Op 06285
The court affirmed the dismissal of the plaintiff’s personal injury claim, finding that the defendants established the square opening in the fire escape was an open and obvious condition that was not inherently dangerous as a matter of law. The court further determined that the defendants maintained the property in a reasonably safe condition, and the plaintiff’s evidence failed to raise a triable issue of fact.
- Gharti v 33 Plaza, LLC2026 NY Slip Op 06284
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to strike the defendant’s answer for spoliation of evidence. The court found that the plaintiff failed to establish that the defendant intentionally or negligently destroyed key evidence, such as insurance reports or surveillance footage, or that the loss of such evidence deprived the plaintiff of the ability to prove his claim.
- Federal Natl. Mtge. Assn. v Hollender2026 NY Slip Op 06283
The court affirmed the dismissal of the foreclosure action as time-barred, determining that the statute of limitations began running when the debt was first accelerated in 2009. The court held that unilateral de-acceleration letters failed to revive or reset the statute of limitations under CPLR 203 as amended by the Foreclosure Abuse Prevention Act.
- Eguzouwa v Curb Mobility, LLC2026 NY Slip Op 06282
The Appellate Division affirmed the lower court’s denial of the defendants’ motion to dismiss because the defendants violated the single motion rule of CPLR 3211(e). The defendants were barred from filing a subsequent motion to dismiss the amended complaint using the same arguments as their prior motion.
- DLJ Mtge. Capital, Inc. v Rubel2026 NY Slip Op 06281
The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion for leave to renew its opposition to a dismissal. The court determined that the plaintiff failed to demonstrate a change in the law, which is required for such a motion.
- Cuautle-Rosas v Caprio2026 NY Slip Op 06280
The court reversed the denial of the plaintiff’s motion to compel depositions of nonparties and to dismiss the comparative negligence defense, finding the defendant’s liability conceded and the discovery request relevant. However, the court affirmed the denial of the motion to strike the answer and to amend the complaint for punitive damages, as the plaintiff failed to show willful misconduct or sufficient moral culpability.
- Citibank, NA v Moskovits2026 NY Slip Op 06279
The Appellate Division affirmed the lower court’s grant of leave to enter a default judgment and denial of the defendant’s cross-motion for a late answer because the defendant failed to provide a reasonable excuse for his default. The court further held that the defendant waived any claim regarding personal jurisdiction by appearing in the action without moving to dismiss on that ground.
- Callahan v Montefiore Med. Ctr.2026 NY Slip Op 06278
The court affirmed the dismissal of the plaintiff’s defamation claim, finding that the medical records produced pursuant to a subpoena in a custody proceeding were protected by an absolute privilege. The court also affirmed the dismissal of the negligence per se claim and the denial of the plaintiff’s motion to renew.
- Blackshear v City of Yonkers2026 NY Slip Op 06277
The court affirmed summary judgment dismissing the plaintiff’s personal injury claim because the defendants established that the fire truck driver complied with Vehicle and Traffic Law § 1104 safety requirements. The plaintiff failed to raise a triable issue of fact regarding whether the driver acted in reckless disregard for the safety of others.
- BH Sterling Realty, LLC v Longoria2026 NY Slip Op 06276
The Appellate Division reversed the lower court’s dismissal of the plaintiff’s claims against the LLC defendants, finding that the defendants failed to conclusively establish they were bona fide purchasers for value without actual or constructive knowledge of the unrecorded contract. The court held that the documentary evidence did not utterly refute the plaintiff’s allegations regarding the defendants’ knowledge of the prior interest in the property.
- Bank of America, N.A. v Noe2026 NY Slip Op 06275
The Appellate Division affirmed the lower court’s grant of summary judgment in favor of the plaintiff, finding that the plaintiff established its standing by demonstrating physical possession of the note at the time the action was commenced. The court determined that the defendant failed to raise a triable issue of fact in opposition to the plaintiff’s prima facie showing.
- Anderson v Pfanner2026 NY Slip Op 06274
The court affirmed the denial of the defendant’s motion to dismiss for lack of personal and subject matter jurisdiction, finding the plaintiff made a prima facie showing of domicile and that the declaratory relief did not necessarily require dissolution of foreign LLCs. However, the court reversed the grant of a preliminary injunction, holding that the plaintiff failed to establish the required elements of likelihood of success, irreparable injury, and balancing of equities.
- 21st Mortgage Corporation v. Hindy Rosenfeld2026 NY Slip Op 06273
The Appellate Division modified the lower court’s order to require a hearing on the validity of service of process, as the defendant’s sworn denial sufficiently rebutted the presumption of service. The court affirmed the denial of the plaintiff’s motion to extend the time to serve unknown heirs because the statutory period under CPLR 205-a had expired.
- 217-20 K&A, LLC v De Maio Props., LLC2026 NY Slip Op 06272
The plaintiff was not eligible for a preliminary injunction because it sought injunctive relief after the expiration of the cure period. Additionally, the plaintiff failed to establish a likelihood of success on the merits because obtaining prospective insurance could not retrospectively cure the default arising from the failure to continually maintain insurance coverage.
Appellate Division, Third Department
- Matter of Treseder2026 NY Slip Op 06376
The court granted the attorney’s application for permission to resign from the New York bar for nondisciplinary reasons. Consequently, her name was stricken from the roll of attorneys and she was commanded to desist from the practice of law in the state.
- Matter of Tingwei2026 NY Slip Op 06374
The court suspended the respondent for three years, finding that her federal felony conviction for health care fraud constituted a serious crime that raised grave concerns about her character and fitness to practice law. The court rejected arguments that the misconduct was less significant because it occurred prior to admission or outside the practice of law, emphasizing the need to protect the public and maintain professional integrity.
- Wilmington Savings Fund Society, FSB, as Trustee, v Helena Laurino, Also Known as Helena T. Laurino, Appellant, et al., Defendants.2026 NY Slip Op 06371
The Appellate Division affirmed the judgment of foreclosure and sale, finding no abuse of discretion in the lower court’s denial of the defendant’s motion to vacate the default judgment due to insufficient proof of a reasonable excuse. The court further upheld the confirmation of the referee’s report, rejecting the defendant’s challenges to the evidence and calculations as unsupported by admissible record evidence.
- Matter of Bruck v Town of Rochester Planning Bd.2026 NY Slip Op 06370
The Planning Board did not act arbitrarily or capriciously in granting site plan approval for a modified project because the changes were in substantial conformance with the original conceptual plan. The Board was authorized to adopt the Town Board’s parking determinations without referring the matter to the Zoning Board of Appeals or Code Enforcement Officer.
- Matter of McDonell v CJ Banach Inc.2026 NY Slip Op 06369
The Board lacked discretion to excuse the carrier’s failure to serve the pre-hearing conference statement because the governing rule mandates waiver of defenses absent a showing of good cause and good faith. The carrier’s defenses were properly waived because it failed to provide the required affidavit demonstrating that the error was due to good cause and that it exercised due diligence.
- Matter of Andrew II. v Gail JJ.2026 NY Slip Op 06368
The Appellate Division affirmed the Family Court’s order modifying custody to implement a graduated schedule for overnight visits and maintaining travel restrictions. The court found that the father’s inconsistent parenting and transportation issues provided a sound basis for requiring demonstrated reliability before expanding his access to the child.
- Seneca Lake Guardian, Inc. v Seneca Meadows, Inc.2026 NY Slip Op 06367
The court affirmed the dismissal of claims against the Department of Environmental Conservation, finding that the Green Amendment does not impose a ministerial duty to enforce regulations and that the request for an injunction was not ripe. The court also affirmed the dismissal of the public nuisance claim due to a lack of special injury but allowed the private nuisance claim to proceed.
- Seneca Ins. Co. Inc. v Cobleskill Enter., LLP2026 NY Slip Op 06366
The court granted summary judgment to the insurer, declaring it not obligated to cover the fire because the insured breached the policy’s protective safeguards endorsement by failing to maintain operational smoke detectors in common areas. The court also dismissed the insurer’s fraud and negligent misrepresentation claims against the broker, finding no fiduciary duty and unreasonable reliance, and dismissed the insured’s third-party claims against the broker as moot.
- Maisto v State of New York2026 NY Slip Op 06365
The Appellate Division affirmed the lower court’s determination that the State’s remedial response, centered on the full implementation of the Foundation Aid formula, was rational. The court held that while plaintiffs identified legitimate concerns regarding the formula’s methodology, they failed to demonstrate that the State’s chosen remedy was patently irrational or constitutionally infirm.
- Cannabis Impact Prevention Coalition, LLC v New York State Cannabis Control Bd.2026 NY Slip Op 06364
The Appellate Division affirmed the dismissal of the complaint, holding that the state’s use of funds to finance cannabis dispensaries does not conflict with the federal Controlled Substances Act. The court determined that the state law does not create a physical impossibility of compliance with federal law nor obstruct Congress’s objectives, as it does not require individuals to engage in federally prohibited conduct.
- Matter of Jeffrey O. v Casey Q.2026 NY Slip Op 06363
The court affirmed the Family Court’s sua sponte dismissal of the violation petition, holding that the order was appealable as of right because it was dispositional. The dismissal was proper because the petition’s allegations were either moot, duplicative of pending matters, or failed to allege violations of the order of protection.
- Matter of Nin v Rosado2026 NY Slip Op 06362
The appeal was dismissed as moot because the passage of more than four years since the petitioner’s separation caused his basic training certification to expire by operation of law. Consequently, no relief could be granted to restore his certification or reinstate his status on the central registry.
- People v Albert D.2026 NY Slip Op 06361
The court affirmed the denial of the defendant’s motion for resentencing under the Domestic Violence Survivors Justice Act because he failed to establish a temporal nexus between the childhood abuse he suffered and the offense committed decades later. Additionally, the court found that the alleged recent abuse by his spouse did not constitute substantial abuse as required by the statute.
- People v Hart2026 NY Slip Op 06360
The court held that the defendant’s kidnapping conviction merged with his assault conviction because the restraint and the underlying crime occurred simultaneously as part of a single, uninterrupted episode. Consequently, the kidnapping conviction was reversed and dismissed, while the remaining convictions and sentences were affirmed.
- People v Bradford2026 NY Slip Op 06359
The appellate court affirmed the convictions and sentences, finding that the trial court properly admitted evidence to establish the time frames of the abuse and did not commit reversible error in limiting cross-examination regarding the victims’ credibility. The court further determined that the sentences were not unduly harsh and the orders of protection were appropriately issued.
- People v Franklin2026 NY Slip Op 06358
The court affirmed the conviction and sentence, holding that the defendant’s constitutional challenge to his mandatory persistent violent felony offender status was unpreserved because he did not contest his criminal history during the plea colloquy. The court declined to exercise its interest of justice jurisdiction to review the unpreserved issue.
- People v Perry2026 NY Slip Op 06357
The court affirmed the conviction for criminal possession of a weapon in the second degree, finding that the evidence of the defendant’s knowledge and control of the firearm was legally sufficient and supported by the weight of the evidence. The court also upheld the suppression court’s finding that police had reasonable suspicion to stop the vehicle based on the defendant’s illegal U-turn and flight from the scene of a shooting.
- People v Smith2026 NY Slip Op 06356
The court affirmed the defendant’s convictions for attempted murder and robbery, finding the evidence sufficient in weight and rejecting the suppression of GPS ankle monitor data due to the parolee’s reduced expectation of privacy. However, the court vacated the conviction for attempted murder in the second degree as an inclusory concurrent count of the first-degree charge.
- People v Hampton2026 NY Slip Op 06355
The court held that the defendant’s waiver of the right to appeal was invalid because it did not clearly advise that the right to pursue collateral relief survived. Consequently, the court reviewed the sentence for severity but affirmed the judgment, finding the sentence not unduly harsh given it ran concurrently with a longer unrelated sentence.
- People v Hassett2026 NY Slip Op 06354
The court affirmed the convictions for criminal obstruction of breathing, aggravated criminal contempt, and first-degree criminal contempt, finding the evidence sufficient and the trial court’s denial of the defendant’s request for self-representation proper. The court also rejected claims of ineffective assistance of counsel and improper admission of evidence regarding the defendant’s attempts to lift the order of protection.
- People v Gilyard2026 NY Slip Op 06353
The appellate court affirmed the conviction and sentence, determining that the defendant’s unchallenged waiver of the right to appeal precluded his Eighth Amendment and youthful offender status challenges. Additionally, the court declined to exercise its power to take corrective action because the defendant failed to preserve his claims regarding the indictment’s jurisdictional defect and the facial constitutionality of the statute.
- People v Camp-Potter2026 NY Slip Op 06352
The court affirmed the denial of the defendant’s motion to suppress evidence, finding that the defendant voluntarily consented to the officers’ entry into his motel room. The appellate court deferred to the trial court’s credibility determination, concluding that the totality of circumstances supported the finding of voluntary consent despite the presence of multiple officers.
Appellate Term, First Department
- Ormonde Equities, LLC v Workplayce 2030 Broadway, LLC2026 NY Slip Op 51799[U]
The court affirmed summary judgment in favor of the landlord, holding that the commercial tenant’s obligation to pay rent is an independent covenant that cannot be relieved by allegations of landlord breach absent an express provision. The landlord’s written demand satisfied statutory requirements, and the increased amount sought in the petition was not improper.
- 227-231 E 59th Partners LLC v Leoni2026 NY Slip Op 51798[U]
The court reversed the lower court’s denial of a motion to renew, granting the motion to set the matter down for a traverse hearing to determine if the tenant was properly served. The court also held that the waiver provision in CPLR 3211(e) does not apply in summary proceedings under RPAPL 711.
- 207-209 W. 107th St., LLC v De La Cruz2026 NY Slip Op 26192
The Appellate Term affirmed the award of attorneys’ fees to tenants who prevailed on a succession defense, rejecting the argument that the Housing Stability and Tenant Protection Act of 2019 barred such counterclaims. The court held that RPAPL § 702 (1) limits what constitutes rent in a summary proceeding but does not eliminate the statutory right to counterclaim for attorneys’ fees under RPL § 234.
Supreme Court, New York County
- Deutsche Oel & Gas S.A. v Energy Capital Partners Mezzanine Opportunities Fund A, LP2026 NY Slip Op 51826[U]
The court granted the motion to compel discovery in part, finding that while both parties had a relevant basis for their demands, certain requests were overly broad and vague. The parties were directed to supplement their demands by limiting the scope of the improper requests or face vacatur, while being ordered to fully respond to the remaining proper demands.
- Slabakis v Olympos Trading Corp.2026 NY Slip Op 51825[U]
The court granted summary judgment dismissing the complaint because the plaintiff’s claim for a lost written agreement was barred by the statute of frauds and the Dead Man’s Statute, as he failed to provide admissible evidence of part performance or third-party corroboration. Additionally, the court denied the plaintiff’s motion to amend the complaint to add a joint venture theory due to undue delay and insufficient factual allegations regarding the sharing of losses.
- Castle Apparel Limited v Claudio Del Vecchio2026 NY Slip Op 51817[U]
The court denied the defendants’ motion to compel the plaintiffs to produce a nonparty consultant as a party witness, finding that the plaintiffs did not have the necessary control over the individual. The court determined that the defendants must seek discovery from the nonparty through subpoena or an open commission rather than compelling the opposing party to produce the witness.
Also decided
- Matter of Wilhelm 2026 NY Slip Op 06377 October 29, 2026
- Matter of Tobin 2026 NY Slip Op 06375 October 29, 2026
- Matter of Palmer 2026 NY Slip Op 06373 October 29, 2026
- In the Matter of Meredith Bennett McCutcheon, an Attorney 2026 NY Slip Op 06372 October 29, 2026
- Ramos v Lendlease (US) Constr. LMB Inc. 2026 NY Slip Op 06394 October 29, 2026
- People v Toms 2026 NY Slip Op 06388 October 29, 2026
- MTGLQ Investors, L.P. v Vazquez 2026 NY Slip Op 06386 October 29, 2026
- Matter of Ayngorn v New York City Dept. of Educ. 2026 NY Slip Op 06381 October 29, 2026
- People v Vasquez 2026 NY Slip Op 06334 October 28, 2026
- People v Taylor 2026 NY Slip Op 06333 October 28, 2026
- People v Sewell 2026 NY Slip Op 06332 October 28, 2026
- People v Jeff P. 2026 NY Slip Op 06327 October 28, 2026
- People v Moore 2026 NY Slip Op 06325 October 28, 2026
- People v Moore 2026 NY Slip Op 06324 October 28, 2026
- People v Moore 2026 NY Slip Op 06323 October 28, 2026
- People v Hill 2026 NY Slip Op 06320 October 28, 2026
- People v Haywood 2026 NY Slip Op 06319 October 28, 2026
- People v Deans 2026 NY Slip Op 06318 October 28, 2026
- People v Coffey 2026 NY Slip Op 06317 October 28, 2026
- People v Allen 2026 NY Slip Op 06314 October 28, 2026
- Newhouse v SSMG Realty, LLC 2026 NY Slip Op 06312 October 28, 2026
- Matter of Congregation Radin Dev., Inc. v Town of Ramapo 2026 NY Slip Op 06299 October 28, 2026
- Matter of Williams v New York State Bd. of Elections 2026 NY Slip Op 06271 October 28, 2026
- People v Minor 2026 NY Slip Op 06260 October 27, 2026
- People v Willis 2026 NY Slip Op 06264 October 27, 2026
- People v Adams 2026 NY Slip Op 06262 October 27, 2026
- People v Moore 2026 NY Slip Op 06258 October 27, 2026
- Pena v Dionisio 2026 NY Slip Op 06256 October 27, 2026
- Lafleur v Satori Laser 2026 NY Slip Op 06250 October 27, 2026
- Hyposwiss Private Bank Genève SA v JLRE4 LLC 2026 NY Slip Op 06247 October 27, 2026
Published October 31, 2026. Updated November 14, 2026.